Settling an estate: advice needed!

JHS
Thu, 20 Jan 2011 15:39:07 +0000

Basically, if your FIL’s name was on the title, it will have been being held one of two ways – as tenants in common, or as joint tenants. The recorded deed will reflect which of those it is.

If the house was being held as tenants in common, the estate succeeds to the FIL’s interest (whatever it was), and that is part of the estate. In the absence of a different agreement, the estate and the grandson will each own half.

If the house was held as joint tenants with right of survivorship, then the grandson now owns the house outright, and no further action is required to transfer it. The grandson may owe the estate something, but the house will be his.