Legal Question in Real Estate Law in Massachusetts
When there are two people on a deed to a house and one dies(person A) does the house go directly to the other person(person B) on the deed?
What if their Will (A) has their portion divided among loved ones?
What would happen if the person left (B) with the deed refuses to fullfill the wishes of person A?
2 Answers from Attorneys
The answer depends on the language on the deed. If it is held as joint tenants or tenants by the entirety, it goes to the other owner regardless of the terms of the Will.
If it is held as Tenants in common, then the Will dictates who get the deceased's portion of the estate.
The answer to your question depends upon how the two owners held title to the property. For example, as tenants in common, joint tenants, or tenants by the entirety?
If the ownership interest was joint with rights of survivorship, then the ownership interest passed automatically to the other joint owners, and not under the will. There would be a different result if the owners held title as tenants-in-common.
A will can only dispose of probate property, and jointly owned property is non-probate property. My office represents executors and administrators in carrying out their duties, and I would be happy to speak with you if you require the assistance of counsel
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