Q: My dad passed 6-24-24 he had no will my brother somehow already put his name on my dad's house? Is that legal?

A: For the title to be in the brother's name, there had to be someone that signed the deed as grantor. Hire a MO attorney to search the title and determine ownership, and maybe heirship. If you own a half interest, file a suit for a Sale For Partition.

A: You should consult with an attorney. If your father lived in one state and the real estate was located in the same state, that state would be the state in which you would seek legal counsel. If the real estate is in one state and your father was living in another state, you may be dealing with the probate laws of both states; again, seek legal counsel in one or the other state and anticipate that you may need assistance in the other state as well.

Depending upon the laws in which the real property was located, there may be multiple ways in which the property could have ended up in your brother's name. Don't take his word for whether the land or any other asset has already been transferred to him. An attorney would review the records at the Register of Deeds/County recorder to determine whether the transfer took place and how. In Kansas, a revocable trust, transfer on death deed, or joint tenancy deed could be used to make a transfer of real estate without a probate proceeding. For bank accounts and CDs, non-probate transfer on death or joint ownership could be used, but you should not assume. An attorney could help you determine what public record information is available and what procedures might be appropriate to determine the next steps for your father's estate.