What Are the Great Grandson’s Rights to Inherited Property?

Question from Sam, What Are the Great Grandson’s Rights to Inherited Property?

Answer from AI:

When dealing with inheritance and property rights, it’s important to understand the legal terms and implications of how property is deeded and transferred. In the scenario described, the property was conveyed to the original owner for her lifetime and then to her daughters as joint tenants. Here’s what this means and how it may affect the great grandson’s rights:

Understanding Life Estates and Joint Tenancy

• Life Estate: A life estate is a type of property ownership where an individual (the life tenant) has the right to use and enjoy the property for the duration of their life. Upon the life tenant’s death, the property passes to the remainderman or remaindermen named in the deed.
• Joint Tenancy: Joint tenancy is a form of co-ownership where two or more people own property together with the right of survivorship. This means that if one joint tenant dies, their interest in the property automatically passes to the surviving joint tenant(s), outside of probate.

Impact of the Daughter’s Death on the Property

Since one of the daughters died in 1973, her interest in the property would have passed to the surviving joint tenant, which in this case, is the other daughter. This transfer would have occurred automatically upon the death of the first daughter.

Great Grandson’s Position After the Property Owner’s Death

When the property owner passed away in 2001, the property would have passed in full to the surviving daughter, assuming she was the only remaining joint tenant. The great grandson, not being a joint tenant or named in the deed, would not automatically have any legal rights to the property.

Notice to Quit

The surviving daughter’s issuance of a notice to quit is a legal step to end any tenancy or right of occupancy the great grandson may have had. If the great grandson was living on the property with the permission of the property owner, he may have been considered a tenant at will, which means his occupancy could be terminated with proper notice.

Exploring Potential Legal Rights

The great grandson may want to explore if there are any other legal grounds that could give him rights to the property, such as:

• A will or trust created by the property owner that includes the great grandson.
• Any promises or agreements made by the property owner to the great grandson regarding the property.
• State laws that might affect inheritance, such as homestead rights or adverse possession, though these are typically long shots and have specific requirements.

Seeking Legal Advice

It is crucial for the great grandson to consult with a real estate or probate attorney to review the specific facts of his case and to determine if he has any legal rights or claims to the property. An attorney can provide personalized advice and may help uncover any documents or evidence that could support a claim.

For more information on property rights and inheritance, individuals can refer to resources like the Legal Information Institute’s Real Property overview or the U.S. Department of Housing and Urban Development.

In summary, based on the information provided, the great grandson likely does not have automatic legal rights to the property, but he should seek legal advice to explore all possible options.