Legal Question in Real Estate Law in Indiana
Property Rights
A large single family home had five persons named on the deed as Joint Tenants with full rights of survivorshp; two removed their names with quit claim deeds; the one who originated the deed and paid for the home dies, and the home is now included in her estate.
Since her name was on the deed when she passed, does she still own three fifths of the property or does the two remaining survivors own equal shares of the property?
2 Answers from Attorneys
Re: Property Rights
If the property was owned with survivorship, then the property would go to the surviving owners still on the deed.
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Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
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Atlanta Georgia 30309
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Re: Property Rights
By definition, when she died, the title goes fifty-fifty to the two survivors who were still in an ownership position.