Legal Question in Real Estate Law in California
If four siblings are joint owners of property and one dies what happens to the quarter ownership of the deceased?
2 Answers from Attorneys
It depends on whether title is held as joint tenants or not. If so, the remaining three automatically become 1/3 owners upon recording a notice of death of joint tenant. If the property is held as tenants in common or some other way, then it depends on whether the decedent had a will. If so, it passes according to the will. If not, there is no way to tell how the 1/4 interest passes without knowing the family tree of the decedent and whether or not they were married at the time of death and/or time of acquiring the property.
If the property was truly owned by the siblings as joint tenants, the interest of the deceased sibling is automatically and immediately extinguished by operation of law upon his death, and the three remaining siblings become, immediately and automatically, joint tenants with a 1/3 interest each.
If the deceased sibling was not a joint tenant, his 1/4 share of ownership passes to his heirs under his will, trust, or, if none, the laws of intestate succession.