Legal Question in Real Estate Law in Massachusetts
Deed in ''Common''
My father and his brother own a house ''in common''. Father has passed away leaving all of his assets to his children. Do the children have any rights to this property? What does ''in common'' mean.
4 Answers from Attorneys
Re: Deed in ''Common''
"In Common" means that your deceased father's interest in the property passes to his heirs at law or as named in his will. Please accept my condolences at your father's death. Good Luck!
Re: Deed in ''Common''
If there is no transfer language, merely a joint tenancy, the father's undifferentiated share becomes part of your father's estate subject to the terms of your father's will.
I assume that this issue is in contest. You are welcome to contact me further.
Re: Deed in ''Common''
A recitation of "as tenants in common" in the deed means that each owner's interest passes to the parties named in his will, or his heirs at law, if there is no will.
So, if the children are named in the will, or are his only heirs at law, then your father's interest in the property passes to his children.
Re: Deed in ''Common''
The Children have rights to the father's interest in the property. Assuming they owned it as tenants in common and there is no other information, your father's estate owns half of the property.
Please feel free to contact me if you have any more questions.
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