Legal Question in Real Estate Law in Minnesota
My father in law owns recreational property in northern Minnesota. He purchased the property with a friend 20 years ago. Since the purchase his friend has had nothing to do with the property, improvements, and taxes. Recently his friend passed away. The deed is a "Warranty Deed Individual to Individuals". Is this similar to Joint Tenants were survivorship goes to the remaining tenants, or is it more like tenants in common where his family inhierits his portion of the property? His friends will did not list the property or convey ownership to anyone.
2 Answers from Attorneys
In Minnesota, unless the deed specifically uses the words "Joint Tenants" than it is presumed to be held in title as Tenants in Common, which means the friends ownership interest would go to his heirs as defined by law. If he does not have a will, then it would transfer to his closest living heir. A probate may have to be filed to clear title.
The friends ownership interest is held by the estate and transfers to his heirs.
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