Tenants In Common

InActive_Account profile photo

When two unrelated parties take title as "tenants in common" each with an undivided 100% interest, and one of them dies without a living trust or will.............what happens to the deceased parties interest? Is it probated?

Comments(2)

  • NancyChadwick22nd November, 2004

    Where title is by tenancy in common, each tenant has an undivided, fractional interest in the property--each T/C doesn't have 100% interest. My understanding is that if one T/C dies intestate, that T/C's fractional interest passes to their heirs according to the state's law of descent.

  • InActive_Account22nd November, 2004

    I was thinking the same thing. Thank you very much.

Add Comment

Login To Comment