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Title held in joint tenancy

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C

chuck05

Junior Member
Maryland

In regards to real estate property ownership under the rules of Joint Tenancy (owners related as brother sister Mother and brother in law). (Maryland and Virginia)
Does an owner/partner’s last will trump the title and permit the possibility of an heir or heirs to inherit the interest of an individual named on the title as joint tenant, or will the intent of the title hold true and the surviving partners on the title obtain the deceased share of the property.
 


H

HomeGuru

Senior Member
chuck05 said:
Maryland

In regards to real estate property ownership under the rules of Joint Tenancy (owners related as brother sister Mother and brother in law). (Maryland and Virginia)
Does an owner/partner’s last will trump the title and permit the possibility of an heir or heirs to inherit the interest of an individual named on the title as joint tenant, or will the intent of the title hold true and the surviving partners on the title obtain the deceased share of the property.
Click to expand...
**A: there is no automatic trump and generally the joint tenancy stands. Although there have been many cases in probate where the will was written after the joint tenacy transfer and litigated to probate court adjudication or settlement.
 
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