Q: Hello, I am attempting to make sense of what rights I may have as tenants in common with my brother in my fathers's Will

A: Hi and thanks for posting a real estate question.

The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.

You describe a position the law calls a "remainderman" or someone who receives whatever is left (the remainder) after another person (the life tenant). Usually a remainderman does not get involved with the property while the life tenant is living, although there could be some exceptions if the life tenant is not maintaining the property. Tenants in common simply means that when the ultimate owners receive the property they would each own a 50% share and that each owner's share would pass through the co-owner's respective estates (as opposed to going directly to the surviving co-owner).

While I hope this general information helps it is not intended to take the place of legal advice. You may wish to consult with an attorney to discuss any specific questions about inheritance and/or property ownership.

A: You may only have a future interest after your father's widow (your mother?) no longer is residing in the house. You have no present rights to enforce, unless it has to do with an accusation that your father's widow is causing "waste" to the property (e.g., not paying the taxes and insurance, or maintaining it to prevent it's damage or destruction). Further, depending on the circumstances, your father's surviving spouse may have other rights (such as her rght to claim her spousal elective share) instead of accepting the life estate granted to her in the property. Assuming she were to accept the life estate and remain living in the property without contesting or electing against the will provision, then at such time as she ceaes to reside in the property in the future, you and your brother become 50% co-owners of the property. The right of a Tenant in Common is to equal access and use of the propety, including receipt of rental income if it is rented, as well as of the burdens (cost of maintenance, repairs, property taxes and insurance, plus mortgage payments, if any). A TC owner may also go to court and force the sale of the property if the other co-TC owner refuses to agree to sell.