My husband and his mother own a two family house what happens if one of them dies?


My husband and his mother bought a two family 20 years ago I just married my husband five years ago he has no children of his own his mother has five children what happens with the house if one of them dies? Thank you…They are both pretty ambivalent about seeing a lawyer they seem to think everything will just work out.


It depends on how your husband and mother-in-law took title to the property when they bought it. If they purchased it as joint tenants by right of survivorship, the the survivor of the two of the will have sole ownership of the property. When the survivor dies, it will go through probate. If they purchased it as tenants in common, each of them is considered owning 1/2 of the property individually and the 1/2 interests will go through the probate process separately upon each of their deaths.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.


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