What happens to the interest of a deceased family member in a condominium owned as tenants-in-common?

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In the case of condominium ownership structured as tenants-in-common, when a family member passes away, their interest in the property will pass to their heirs or beneficiaries according to the terms set forth in their will. This means that if the deceased individual had a will that specified how their assets, including their share of the condominium, should be distributed, the interest will follow those instructions.

Should there be no will, the interest may then pass according to state intestacy laws, which dictate how assets are divided among surviving family members when there is no formal directive. However, the key aspect is that tenants-in-common ownership does not automatically transfer the deceased member's share to the surviving co-owners; it necessitates reference to the deceased's will or the applicable laws in the absence of one.

This contrasts with community property or joint tenancy arrangements, where rights of survivorship typically dictate how interests are transferred upon death. In tenants-in-common, the individual's share is treated as part of their estate, subjecting it to the directives of the will or applicable law, hence confirming that this option is the appropriate response to the scenario presented.

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