Q: My brother died unexpectantly with no will. He and my mom bought property but only his name was on title.
We were told at the time that my brother and my mom went in together to buy investment property. He died unexpectantly with no will. We found that the title was in his name only. We also learned my mom actually paid for the whole property with her investment account and a loan against her reverse mortgage on her home. The investment has gone into probate with his children and my mom is left with nothing. Is there anything we can do to give her the property instead? We can prove that the whole sale price was paid by her.
A:
You will want to speak with a lawyer as soon as possible about how to solve this. Although there is no written agreement, in the right circumstances the oral agreement can be enforced on equitable principals. The key is showing proof that you Mom paid for the property and that this was not a gift. While not an easy case, it is not impossible and could likely be resolved by way of a negotiated settlement.
As your brother's estate is in probate, it is critical that your Mother file a creditor's claim before the claim period expires. Again, an attorney can help you with this.
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