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If my both my sons are on the deed to my home, when I die and my married son dies does the house go to the other son on the deed
Anonymous3 views2 answers
I have 2 sons, one is married the other is not. If I put both sons on my house deed if the married son died would his wife be intitled to his half of the house OR would the house go to my other son who is on the deed?
This question cannot be answered without looking at the specific language of the Deed. There might be survivorship language. If so, then that language will control. Are you also on the title? Does that son have a Will? What does the Will say about the house?
You have a similar question if the non-married son dies. Where does his interest go? It (or a part of it) might go back to you.
Have a local attorney look at the Deed and advise you.
The way the property will pass upon the death of one -- or both-- of your sons depends on how your write the deed. If the deed grants the property to your sons as "joint tenants" then, if one son dies, the surviving son would own the entire property. On the surviving son's death the property would pass to his heirs. On the other hand, if you deed the property to your sons as "tenants in common" then the property would pass to each son's heirs at the time of death.
The link to this answer will bring you to a website that provides general information about the different types of deeds that are used in Mississippi.
The best thing to do is to consult an attorney who practices in Waterford, MS and who is qualified in real estate law. That attorney can help you achieve your goals.
This answer is not intended to provide specific legal advice. No attorney client relationship between you and Shoffner & Associates or any of its attorneys is established, intended ,or implied. This answer should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation.