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  1. #1
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    Mar 2020
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    Default Inherited Property in Cal

    My question involves real estate located in the State of: Cal
    I inherited a piece of undeveloped property along with my 2 sibs via intestate succession,(equal owners in equal shares) so I believe that makes the 3 of us Tenants In Common. One question is what happens when one of us passes away? Another question is can one of us give their share of the land to someone else thru a will or any other way upon their death?

  2. #2
    Join Date
    Sep 2010
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    19,478

    Default Re: Inherited Property in Cal

    If you hold it in tenancy in common (which indeed is likely), then their share passes via the rules of probate: either what the will says or the laws of intestate succession. The other owners have no rights to that share just because they are co-tenants. In fact, any of the owners can dispose of their share while they are alive, either giving it or selling it.

  3. #3
    Join Date
    Jul 2018
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    2,054

    Default Re: Inherited Property in Cal

    Quote Quoting emsan
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    I inherited a piece of undeveloped property along with my 2 sibs via intestate succession,(equal owners in equal shares) so I believe that makes the 3 of us Tenants In Common.
    This isn't a matter of "belief." What does the deed by which the personal representative/administrator of the estate transferred title to the property to the three of you say (e.g., Joe Blow, as administrator of the Estate of Sally Blow, grants 1234 Main Street "to Huey, Dewey and Louie, as tenants in common")?


    Quote Quoting emsan
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    One question is what happens when one of us passes away?
    That depends on whether, in fact, you hold title as tenants in common. If so, when one of you dies, that person's interest in the property will pass according to the terms of his/her will or the intestate succession laws.


    Quote Quoting emsan
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    Another question is can one of us give their share of the land to someone else thru a will or any other way upon their death?
    As phrased, the answer to this question is no. However, the answer to the question I think you intended to ask is yes. If we call you and your siblings Alice, Bob and Carol, Alice may create a will and/or a trust that disposes of her interest in the property as she sees fit (and the same is true for Bob and Carol). Alice cannot, however, do anything with Bob's and Carol's interests.

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