Legal Question in Real Estate Law in Colorado

My husband and sister-in- law are grantees on a quit claim deed for their parent's out-of-state vacation home. Both parents are deceased. I am not noted on the deed. If my husband dies, shouldn't I also be on the deed prior to his passing to avoid having to go through probate in the vacation home's state?

Asked on 2/28/24, 2:54 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

That's a great question. Yes I think that would be a good idea. The deed could read "you and your husband, joint with rights of survivorship, and sister-in-law, as tenants in common." So if your husband dies you own the property with his sister, as tenants in common. But, what happens if your sister-in-law dies? Her share has to go through probate and probably sold because her heirs want the cash, not half a house (probably). So I think while you're thinking is 100% correct, there may be practical issues here which aren't so easy to solve. The laws of the state where the property is located are important. Honestly, if this was my family we'd sell the house and split the proceeds.

Tough to jointly own a vacation home; always problems. Great question!

Good luck.

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Answered on 2/28/24, 11:48 pm

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