Q: Our brother died intestate three siblings are surviving. One brother living there had home placed in joint names.Help?
Brother ready to sell property. He says all money is only his
A: Your note does not provide enough information to furnish you with an answer regarding your particular situation. You should seek the advice of a probate attorney. In general, if real property is owned by more than one person as joint tenants with survivorship (as opposed to as tenants in common), the property would pass to the survivor upon the death of the joint owner. Such property would not be part of the probate estate. Whether a deed creating a joint tenancy was valid is another question. A person must have sufficient capacity (from a legal standpoint) to execute a valid deed. If property is owned by multiple persons as tenants in common (rather than as joint tenants with survivorship), a deceased owner's undivided interest in the property would be in his estate.
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