My brother passed away 5 mos ago the house was willed to us by our mother who passed on in 1987. My brother has been living there an got married 5 yrs ago and has 2 children and didnt have a will. Who owns the house now ? Is it just me or do all off us has a share in it. Thank you for any answers you provide.
2007-08-05 06:12:52 · 5 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I would think that your brother's share of ownership would transfer to his legal heirs. Much would depend on in which fashion you took ownership. (Joint tenancy vs tenants in common).
Seek the advice of an attorney for a proper response, and have a copy of the title/deed for him to examine.
2007-08-05 06:18:35 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
First of all you need a lawer.
Second, when you say your mother willed the house to "us". Who is "us." Just you and your brother? Are there other people? Was the deed of the house changed so that you and your brother were on the deed? Was the estate settled? Was your brother paying you some rent? Was there a lawyer involved at that time? What does the deed say?
Your brothers wife may have some claim on the house, too.
2007-08-05 06:19:42 · answer #2 · answered by hottotrot1_usa 7 · 0⤊ 0⤋
That will depend upon how you and your brother held title.
If you were Joint Tenants with Right of Survivorship, it's yours entirely now. Full legal title passed to you at the moment of his death.
If you held title as Tenants in Common, his share will pass to his heirs according to the intestacy laws of his state. His wife and possibly children will become Co-Tenants in Common with you. You'll retain whatever share you previously held and their shares will be determined by state intestacy laws.
2007-08-05 06:20:11 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Hi Sunni,
You and his two children are owners of this house...his children take his place in line since he passed away...
Sorry for your loss...
2007-08-05 06:27:21 · answer #4 · answered by LeftField360 5 · 0⤊ 1⤋
You do. Just because he was residing in it with his wife, didn't automatically give him a higher level of ownership...that was a courtesy that you granted to him.
Unless you specifically signed something giving him ownership, your mother willed it to the BOTH of you...so you both owned it 50/50.
2007-08-05 06:44:34 · answer #5 · answered by Expert8675309 7 · 0⤊ 2⤋