Kemp, TX asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Arkansas

Q: My brother and I are listed as his and her on the deed to our land. The language doesn’t read right to survivorship.

I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?

2 Lawyer Answers
Vincent Gallo
Vincent Gallo
  • Staten Island, NY

A: Only he can convey out his interest in the real estate.

Dustin A. Duke
Dustin A. Duke
  • Estate Planning Lawyer
  • Little Rock, AR
  • Licensed in Arkansas

A: You may not have provided enough facts for a complete answer, but best I can tell your brother has passed away and the two of you jointly held property together as tenants in common. If you and your brother were the owner of property as tenants in common, upon his death his ownership rights in the property will pass on to his heirs (or anyone he names in a Will). If he had no children or spouse and if your parents have passed away, then you (and any other siblings your brother had) would be his closest heirs and would inherit the property. It would have to go through probate or, if your brothers estate is small enough, through a process known as an Affidavit for Collection of Small Estates. Hope this helps!

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