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The Importance of a Deed Checkup
- Brother and sister inherited their family home after the death of their parents. The deed lists both of their names “as joint tenants with right of survivorship.” If brother dies, his interest goes to his sister and would not pass to his family pursuant to the terms of his Will.
- Husband and wife own their home as tenants in common. There is no survivorship language. When wife dies, her interest in the home does not automatically pass to her husband. The husband must take legal steps (such as probating his wife’s estate) in order to get the home into his name.
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