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Who has Right to personal property after death with multiple persons on real property deed?

Siloam Springs, AR |

when multiple persons are on a property deed and a family member who was on the deed passes away who gets the personal property? The personal property of the deceased is located in and on the real property. all on the deed are family to the person who died. They did not inherit the real property, they were on the property as all co-owners before the death. Also, 3 of the co-owners do not want a certain person on the property what so ever (this person is not on the property deed, but is a child of one of the property owners) can the 3 owners require that she not be let to stay on the property? and if not can they request rent from this person?
Arkansas

Attorney Answers 2

Posted

The personal property is controlled by the will of the decedent if it is their property. If there is no will then the laws of intestacy of the state would control. It is not part of the land or real estate.
You really should employ an estates attorney in light of your family configurations and the issues you raise. This forum cannot solve your problems.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

Depending upon the value of the personal property, the distribution of the property may be simple. However, simple or not, the proper way to distribute the property is to open an Estate in Circuit Court of the county where the deceased lived. Arkansas law allows for "small estates" to be opened and closed almost immediately. If the assets are over the maximum limit for small estates, then you will have to open a regular estate which takes more time to complete. A person can alway "disclaim" their interest in any property if they do not want it.

If there is a fight over the use of the property, or if someone is kept off the property that they have a co-owner interest, then the person not living on the property can demand rent for the use of the property. If this is happening, then best thing is to get a lawyer to help walk through the process.

This answer does not create a attorney client relationship and cannot be relied upon as a legal opinion as there are too many unknown facts to this matter to render an opinion at this time. Campbell & Grooms, PLLC http://www.aoclegal.com

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