No will and shared house owner

[MrsSummertime]

My dad's sisters lived in the family home their whole lives in which they had joint ownership. They passed away last year and within 8 months of each other, my first aunt didn't have a will but the 2nd one did (told to do so after her sister passed). Neither married or had any kids. My dad passed away a few years ago and there's just my uncle left and he was named in the 2nd aunts will leaving everything to him (and car to his daughter). Does everything go to my uncle including the share of my aunt with no will or how does that work?

 

[BlackandBlue]

2 Aunts.
1 had a will and one didn't.
Just to be sure, did the one without a will die first?

 

[MrsSummertime]

Yes the one without the will died first and everyone realised then they both had no will so my other aunt then sorted hers.

 

[DannyBoyD]

IANAL

I believe the type of joint ownership will matter here - joint tenants or tenants in common - do you know?

 

[MrsSummertime]

Ah ok no i wouldn't have a clue, whatever ownsership they had would have been agreed over 30 years ago. I'm guessing now its joint tennancy and thats there's no claim there from my dads side (my mam). Thanks

 

[DannyBoyD]

I'm guessing now its joint tennancy

You (or the executor) will need to find out for certain; it will have a material impact re Aunt #1 estate.

 

[Ravima]

What does the Will say? Who is the executor? These are two important questions.

 

[DannyBoyD]

Indeed. But the OPs concern is with Aunt #1 who died intestate.

 

[POC]

If the first aunt died intestate, wouldn't her share of the house go to her sister and brother? So the brother would inherit quarter of the house from the first sister passing, then the rest of the house when the second sister passed?
Sorry for your losses.

 

[TomEdison]

If the first aunt died intestate, wouldn't her share of the house go to her sister and brother?

It depends on whether the "joint ownership" of the house mentioned in the OP was — technical terms alert! — a joint tenancy or a tenancy in common.

If joint owners of a property hold it as joint tenants then, when one of them dies the surviving owner automatically becomes sole owner of the entire property — no muss, no fuss, no need for wills or probate, nobody else gets a look in. Husbands and wives who own property together will usually have a joint tenancy.

But if the joint owners hold it as tenants-in-common, then on the death of one owner their share forms part of their estate and goes to whoever is entitled to it under the deceased owner's will or, if there is no will, under the rules that apply when someone dies without making a will. The person who eventually gets it may, or may not, be the holder of the other share.

The OP does not know whether the two aunts held as joint tenants or as tenants in common. Thus we don't know what became of the first aunt's share when she died.

 

[T McGibney]

A more meaningful title on this thread might yield more replies.