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?
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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Real Estate Attorney
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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