Tell City, IN asked in Intellectual Property and Real Estate Law for Indiana

Q: I am listed with my brothers on property ET AL One is now deceased

We are only three on deed of property our father resided until his passing. One brother also died 15 years prior to my father. Now my remaining brother and I want to sell property. Will we be required to give a death certificate or other documents to transfer property to new owner? And would they make check payable to my brother and I ? There is no money owed on property.

SO..ET AL... My brother was married at the time of his death. He had 3 adult children at that time as well.

I thought the law stated that because it was listed as our 3 names and "ET AL" we had to have the wife to sign and also his 3 children to transfer the deed to our names. But you are saying we can transfer without their signatures?

1 Lawyer Answer

Alexander Florian Steciuch

Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property with a survivorship affidavit and record it with the county. A survivorship affidavit usually requires a death certificate to be recorded.

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