James Marston Brown

James Marston Brown Aberdeen Estate Planning Attorney

Posted almost 14 years ago.

I agree with Mr. Frederick. In addition, it sounds like this is a deed to you and your siblings as "joint tenants with right of survivorship." Under this kind of deed you all have an equal ownership interest in the land but upon the death of any joint tenant, the deceased's share goes to the surviviing joint tenants, rather than to the heirs of the deceased. This is very different from other joint ownerships in which the deceased's interest passes under his will or to his heirs. While I agree with the suggestion of a family meeting, I think it would be a good idea to first consult a lawyer to confirm the exact nature of the deed and also what your potential remedies are in case of a disagreement. The rules about real estate transactions vary from state to state and unless you go into any family meeting with a knowledge of the particular law in your state, you could be at a disadvantage.

James P. Frederick

James P. Frederick Livonia Estate Planning Attorney

Posted almost 14 years ago.

I agree with you, James. You should post your answer and get credit for the points. Your suggestion to meet with an attorney is an excellent one. I have also occasionally had entire families come in to figure out "what they have." That has worked well.