Q: My brother and I own our condo. I still live there. If he dies, who gets ownership, me or does the wife get half??
He moved out when he got married..
A:
PROBABLY his wife.
Look at the deed. If it says you are "joint tenants" then it means you get it automatically on his death.
HOWEVER, if he paid for it with money after his got married, then that portion will belong to both him and his wife as community property so he may not have the right to be a joint tenant with you.
If you are not joint tenants, then it is up to him to write a Will or Trust to decide what happens with his interest.
If he dies without a Will, then all of his community property goes to his wife, and his separate property goes to her and his children.
James Edward Berge agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
