Legal Question in Real Estate Law in California

Three siblings inherited their parent's home. They still own it. One of the siblings has fallen very ill. He has three children. Are his three children entitled to his share of the property if the other two siblings sell the property?

Asked on 5/17/13, 10:59 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Do you mean if the sick sibling dies?

You are short on information, such as how title is held to the property, and whether the sick sibling has a will or a trust.

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Answered on 5/17/13, 11:26 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

As long as the sick sibling is alive, his share goes to him. If he is so sick he needs is affairs managed, he would need to have a conservator appointed to handle his money and related obligations. Once he dies, his estate would become the owner of his share and any proceeds of sale would go according to his will, trust, or intestate succession laws.

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Answered on 5/17/13, 12:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Without disputing the correctness of the preceding answers, I feel it should be added that what happens to property ownership when one of two or more owners dies depends upon how the co-owners hold title. If they are tenants in common, the ownership interest of the deceased co-owner will go to his (or her) heirs under his/her will, trust, or according to the laws of intestate succession. If the co-owners hold title as joint tenants, the deceased owner's share "disappears" and the percentage ownership of the remaining owner(s) increase(s) accordingly, and the heirs get nothing.

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Answered on 5/18/13, 11:48 am

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