If my mother’s house is in her and my brother’s names, how will the property be treated as part of the estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother’s house is in her and my brother’s names, how will the property be treated as part of the estate?
I am listed a the executor in her Will.
Asked on January 8, 2015 under Estate Planning, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If they held title as "joint tenats with rights of survivorship", then upon your mother's death your brother became vested with full title to the property; it is not part of her estate. If the deed did not specify survivorship rights, then they held title as "tenants in common". This means that your brother retains 1/2 ownership in the house and your mother's share is now part of her estae and will be distriubuted as an asset under her Will. Since this can get complicated, you really should consult with a probate attorney as to all of this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.