What should a joint tenant do regarding title to inherited property?

My mother has passed away and left my older brother and I surviorship to the house. My brother has moved out and has left me and our2 younger siblings in the home. What do I? Should I put the house in my name? What would be the results?

Asked on January 3, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Did your Mother leave a Last Will and Testament?  If yes, who was named as the Executor or Personal RRepresentative of the Estate?  That person needs to file a Petition in the Probate Court to be issued what is known as Letters Testamentary.  Once that is done they can, after fulfilling all the other tasks of the estate like paying debts, etc., issue an Executor's Deed to you and your brother that are named in the Will.  Now, if there is no Will then the assets of the estate - the house and whatever else - will pass by the Intestacy laws in your State. I am pretty sure that then the house will go to all of your Mother's Children in equal shares.  Someone still has to be apointed as the Personal Representative of the Estate (sometimes called the Administrator).  Please get some legal help with all of this and good luck. 


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