Legal Question in Wills and Trusts in Massachusetts

Re: Disposition of jointly owned real estate upon death of an owner

You didn't mention whether or not the "right to survivorship" applied. If so, the survivors take upon the death of a joint owner.

Re: Disposition of jointly owned real estate upon death of an owner

Yes, in general, it could be set up that way. It might also not be possible; it depends on how they gave your half to you and your wife. As a general rule, when 4 people own a house, the title is of a type that does allow them to devise (give) their half. In that case, each of your parents might will 1/4 to their spouse if the spouse survives, or else your surviving parent wills his/her 1/2 to your sister. Alternatively, they might each give their 1/4 directly to your sister. That form is labelled a tenancy in common(a term not to be confused with joint tenancy). There are other types of joint tenancies (a term which has nothing to do with tenants or landlords) which would prevent them from doing that, however, and which make such a will provision useless.

Do you two own your half jointly? By the entirety? An undivided interest? With rights of survivorship between you? Or do you each own 1/4 outright? Why don't you send or fax me (617)527-1763 the deed under which you received your interest with your wife? Is it possible that your parents gave you a "remainder interest" and kept for themselves a so-called "life tenancy?"

Either send the deed to me or, alternatively, you can call and give me the address and I'll look it up for you.

Your parents probably should be using a real estate trust anyway. Are there estate tax concerns involved? Why did they give you half the house already?

Re: Disposition of jointly owned real estate upon death of an owner

This should be an easy one: Take a look at your deed. (If you don't have the original or a copy, go down to the Registry of Deeds in the county in which the property is located and get one). If your deed truly uses the words "joint tenants" then the following will take place: On the death of the last of your parents you and your wife will own the property solely. It will not go into your parents' estate. On the other hand, if the deed says "tenants in common" the opposite will be true; their share will go into their estate and your sister could inherit their half. In this later instance you do not own the property "jointly", but rather as a "tenant in common". The use of the word "tenant" in this context should not confuse you. It has nothing to do with the landlord/tenant context. It is simply a term used in the law to describe ownership of real estate. In short, it doesn't matter what your folks put in their wills if you are truly joint tenants. In that case the bequest to your sister will be a nullity. Good luck.