When a co-owner ofreal opprerty dies, what should be done about changing the title?
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When a co-owner ofreal opprerty dies, what should be done about changing the title?
My brother, sister and I were tenants in common to a house left by our mother. My brother died. What should we do now about the title?
Asked on February 11, 2011 under Real Estate Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. This is a difficult question to give guidance on here without knowing more. If the property had no"rights of survivorship" meaning that upon the death of either of you the right to the property goes to the surviving sibling or siblings. If there was no right of survivorship amongst you - and the property was not given you by him is a Will - then the property goes in to and becomes part of your brother's estate. Now, how the property is then divided depends on who survives him in Intestacy: spouse, children, parents, etc. I think that you should get some legal help in your area. Good luck to you.
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