It depends on the way that the estate property is titled. You'll need to review the paperwork regarding the types of assets that are owned and which method of property ownership is used. With the tenancy in common method of ownership, two or more persons hold undivided interests in the same property with no right of survivorship for the surviving tenant in common. "Undivided interest" means they each own a part of the total value. When one of the parties in a tenancy in common arrangement dies, their interest in the property passes to whoever was selected to receive it via a will, beneficiary designations, and/or state intestacy laws. Joint tenancy with right of survivorship is a form of co-ownership in which two or more persons own the same property subject to the other joint tenant's ownership right. When a joint tenant dies, his or her economic interest automatically passes to any surviving joint tenant or tenants. Typical wording on a document to create joint tenancy would be "to A and B as joint tenants with right of survivorship, and not as tenants in common." What you've describes sounds like a tenancy in common ownership. If the niece received the property upon her mother's death, she has the right to sell her portion of the property. However, because each state handles ownership uniquely, it is important to consult an attorney to verify what rights each owner has related to the property. It would be a good idea to consult an estate planning attorney to discuss your questions in detail. We would like your feedback on this Personal Finance Frequently Asked Question.

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