Legal Question in Real Estate Law in Pennsylvania

Joint Tenants In Common

My fiance' & I purchased a home together in 2004. We're deeded as Joint Tenants in Common. He has 2 grown children & I have no heirs. If he dies first before we marry, could either of his children lay claim to their dad's 1/2 of the house? What if he dies first & we ARE married? What would my legal rights be? He does not currently have me named in his will regarding real estate. The only legal document regarding the house is the deed.


Asked on 9/21/07, 2:58 pm

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Joint Tenants In Common

You asked about estate law.

Congratulations on looking ahead as many people fail to do this even after marriage.

You need to speak with an attorney to set up estate plans. This can be done relatively inexpensively and would suffice for a relatively long period depending on your life situation.

If someone dies without an estate plan then the existing defaults are enacted (intestate estate laws). Does anyone really want the government to decide where there property is distributed? You worked hard for what you have, make certain your last wishes are respected by getting them down in writing in a legally enforceable format.

And for all you folks who think that they can download a form off the Internet or buy a form in an office supply store, please do so. Eventually, the easy way out is much more expensive for your heirs because of issues that an attorney would have caught much earlier.

Spend the money and get these very important documents prepared by a professional.

Regards,

Roger

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Answered on 9/22/07, 1:30 am
Glenn Brown Real World Law, P.C.

Re: Joint Tenants In Common

An attorney would need to read the deed to know exactly what would happen if someone died before you are married.

Good luck to you.

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Answered on 9/22/07, 10:22 am


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