Legal Question in Wills and Trusts in Pennsylvania
If a brother and sister are listed (deeded) as the legal owners of their aging mother's home, and one of them dies, does the husband of the sister or the wife of the brother have a legal claim on the property deeded to their respective spouses?
1 Answer from Attorneys
I need to see the deed and how the property was owned. Was the property in Pennsylvania?
If the brother and sister owned the land as jtenants in common without right of survivorship, then if the brother or sister died, each of their shares would pass at death as per their will or via the intestacy laws of the state where they reside. If they own the land WITH a right of survivorship, then the land passes to the surviving sibling automatically at death and in that case, the spouse of the deceased sibling does not take a share of the property.