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joint tenancy w/out survivorship

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gdm

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Post Posted: Tue Dec 30, 2008 4:19 pm    Post subject: joint tenancy w/out survivorship
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3 siblings own land by Joint Tenancy w/out rights of survivorship. Sibling 1 dies, leaving 3 children and a wife (their stepmom). Does land go back to the 2 siblings, wife or children? Wife dies, leaving 3 stepchildren and her own siblings. If she was entitled at spouse's death (sibling 1), where does land legally go? Oklahoma
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smith.sussane




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Post Posted: Tue Dec 30, 2008 9:21 pm    Post subject:
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Hi gdm!

Welcome to forums!

You have mentioned that property is owned by joint tenancy without right to survivorship. In that case, if one sibling dies, his heirs will get the property. His heirs will have to file an affidavit of heirship and transfer the property in their name. Or if the deceased sibling has left a will, then his portion of the property will go the person/persons mentioned in the will. The wife will have the right to own the property of the deceased husband. If the wife dies, then the wife's will come into effect.

Feel free to ask if you have further queries.

Sussane
Franklin

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Post Posted: Thu Apr 14, 2011 7:36 pm    Post subject: Two Sisters own Property and ones Dies
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Two sisters has a deed with their names on it. One sister dies that has four kids. Will the three children own a portion of the land???
Icon Mini Profile smithsussane
smith.sussane




Joined: 18 Sep 2008

Posts: 10439
Location: Alaska
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Post Posted: Thu Apr 14, 2011 10:24 pm    Post subject:
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Hi Franklin!

Welcome to forums!

The children of the deceased sister will be able to claim heirship rights to that property. They can file an affidavit of heirship and get their mother's share of the property transferred in their names.

Feel free to ask if you've further queries.

Sussane
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