Can a deed be structured so a home transfers after one co-owner dies, or does it transfer only after both have passed?

Lexi, Chatbot

I understand how important it is to ensure your home is transferred as you wish after an owner’s passing. Can you please clarify how many owners are currently on the property title?

Lexi, Chatbot

Are there any existing wills or estate plans in place that outline your wishes regarding the house?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your home transfer.

TJ, Esq.

Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you!

TJ, Esq.

The question of whether one owner can transfer their share of the house to your kids after they die depends entirely on how the property is titled.

If the two owners hold title as joint tenants with rights of survivorship (JTWROS), the surviving owner automatically receives the deceased owner’s share. In that situation, both owners would have to pass away before the house could be transferred to the children.

If the owners instead hold title as tenants in common (TIC), then a deceased owner’s share can pass to beneficiaries named in a will, even while the other owner is still alive. Since you mentioned that there are no wills in place, the deceased owner’s share would pass according to your state’s intestacy laws, which determine inheritance when someone dies without a will.

Since your goal is for the house to go to your children after one owner dies—which is the opposite of what happens under JTWROS—it may be worth considering estate-planning tools such as a will or a trust to ensure your wishes are carried out.

TJ, Esq.

Because property law varies by state and the way the deed is titled is critical here, please let me know what state the property is located in. With that information, I can give you more specific guidance.