Q: Brother excluded my interests in property on affidavit to claim title. How do I claim my interest back?
There are four children, including myself that property passed to by intestate succession. My brother convinced my other 2 siblings to assign their interest over to him and excluded my interests when filing. So right now property is in his name only.
A: Assuming your brother will not voluntarily give you your interest in this property, you can take legal action to obtain your interest. One option might be to file a quiet title action to have the court determine your interest in this property. Since your brother apparently filed an affidavit with the probate court that wrongfully omitted you, another option might be taking action through the probate court to correct this affidavit. Both procedures can be complicated and you should have the help of an attorney. Once your attorney learns all of the facts, he or she can inform you of your legal rights and best option. If you plan to challenge your brother's actions, you should do so soon. Your rights might be lost if you delay.
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