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  1. #1
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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
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    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
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    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.

  4. #4
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    Default Re: Inherited Property in Cal

    flyingron, thank you for your reply. I said I believed that the 3 sibs were Tenants In Common, because I am not sure how we hold title. there has been no activity involving that property, it remains the same as it was when we became equal owners in equal shares via the Probate order and Decree. I hope I made the situation clear for you to understand, so you may be able to help me out. Thank you

    pg1067- we inherited the property in a Probate Order and Decree (intestate succession), and it only states that the 3 of us are equal owners in equal shares. We havent done anything with the property because we dont agree on what we want to do with the land, so actually our names aren't on a deed of any kind. Thats why I said I "believed" that we were Tenants In Common, I am unsure how we would actually hold title, if we do at all. Is it that we may not , yet? Thank you for taking the time to try and help me out, I truly appreciate your assistance.

  5. #5
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    Default Re: Inherited Property in Cal

    And again, Esman, I told you what happens with tenancy in common. Each of you has an independent one-third interest in the property. You can sell it now (if anybody would buy it) or give away your interest even while you are living. The other two have no special rights to your third. If you die, then your share gets distributed in the handling of your estate. First, it may be applied to your debts if there are any. THen what remains is transferred to your heirs depending on your will, if you have one, or by the laws of intestate succession. Again, the co-owners have no special rights to your third.

    Of course, everything I said also applies to the other third shares.

    You haven't explained while you are asking. If you want to maintain some mutual consideration, it likely is going to take a trust. Since you're not a marriage situation, even changing to joint ownership (which would give survivorship rights at death) wouldn't guarantee anything as the joint tenancy can be broken unilaterally by any of the owners.

    The way you tell what type of ownership you have is by looking at the conveyance that took the property from the estate to you three. If it doesn't say anything about joint ownership, then you are indeed tenants in common. As I told you, it is unlikely that it was anything other than tenancy in common. If you can't find the deed, you should contact the lawyer who handled the estate or consult a title search (out in California these are often associated with "escrow offices"). Your county records clerk (where deeds are registered), might be able to help, but their offices are closed these days to random people making inquiries. There might be some online way of doing this available to you depending on the county. However, as I pointed out, it is by land large a moot point because even if it is joint, all one person has to do is deed away their interest and it breaks the joint tenancy.

    If one of you were to die without any further activity on the title, then it would matter. Hopefully, that's not going to happen soon.

  6. #6
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    Default Re: Inherited Property in Cal

    Quote Quoting flyingron
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    The way you tell what type of ownership you have is by looking at the conveyance that took the property from the estate to you three. .
    That seems to be the problem here. There has been a probate court order but that has not been recorded in a deed yet. So the property still remains in the name of the parents with a court order sitting on the sidelines.

    They need to have a deed recorded in line with the probate court order.

  7. #7
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    Default Re: Inherited Property in Cal

    Again, the point is largely moot. The deed will almost certainly be tenancy in common, and even if it doesn't, one of the heirs can break a joint tenancy. Unless the estate puts the property into a trust, they'll pretty much only have access to their third interest. The poster hasn't indicated what his real concern is. He's getting wrapped around an issue that is likely immaterial to what he really wants to know.

  8. #8
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    Default Re: Inherited Property in Cal

    Quote Quoting emsan
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    pg1067- we inherited the property in a Probate Order and Decree (intestate succession), and it only states that the 3 of us are equal owners in equal shares. We havent done anything with the property because we dont agree on what we want to do with the land, so actually our names aren't on a deed of any kind. Thats why I said I "believed" that we were Tenants In Common, I am unsure how we would actually hold title, if we do at all. Is it that we may not , yet? Thank you for taking the time to try and help me out, I truly appreciate your assistance.
    I can't really opine about an order I haven't read, but if there's no deed, then you don't yet hold title (that being said, I agree that you will like end up with title as tenants in common). How long has it been since the order was entered?

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