If my brother was 1 of 2 people on a deed to my dad’s house but my brother has passed away, who is entitled to my brother’s share?
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If my brother was 1 of 2 people on a deed to my dad’s house but my brother has passed away, who is entitled to my brother’s share?
Asked on September 12, 2015 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It depends on just how title to the property was held. If his name was listed as a "joint tenant with right of survivorship", then upon his death the other owner your father would have taken over full title to the propertry automatically. If, however, no such designation was made, then the law presumes that he was a "tenant in common". In such case, his share would have gone into his estate. His benefciaries if there was a Will or his heirs if he had no Will would be entitled to his 1/2 share of the house.
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