When two people inherit two properties can one person take one property and the other person take the second property?

Answer 1

In Massachusetts, Mother owned parcels A and B when she died intestate. Bill and Chris are the only heirs. The sons own both parcels together and they must clear the title to both parcels as follows: Bill must convey his interest to Chris for the parcel Chris will receive; Chris must convey his interest to Bill for the parcel Bill will receive.

If both parcels were devised to the brothers equally by will they must take the same steps set forth above.

If each parcel was devised specifically to each respective brother, A to Bill and B to Chris, they need to do nothing.

Additional Answer

Yes, they are able to pick which property each wants, but only if they both agree. Many states, such as New Jersey, have laws that permit beneficiaries to agree to divide an estate among themselves in a manner not stated in the will. For this reason, they can agree to exchange properties without one conveying to the other. Alternate divisions such as this will not change the inheritance taxes that may be due on the estate. The inheritance taxes will be calculated based on the distribution in the will, not the actual different distribution. Some laws will forbid alternate distributions if they are in fraud of creditors.

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