If I have a brother who is single and who co-owned a townhouse with our mother, since she passed away 3 months ago does her half of the townhouse go into her estate or does it pass to my brother?

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If I have a brother who is single and who co-owned a townhouse with our mother, since she passed away 3 months ago does her half of the townhouse go into her estate or does it pass to my brother?

She passed away 3 months ago.

Asked on January 5, 2018 under Real Estate Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on just how title is held. If the deed reads their names followed by the words, "with rights of survivorship", then they held title as joint tenants. This means that upon your mother's death, your brother became vested with 100% ownership of the property. If rights of survivorship was not added to the deed, then your mother and brother were "tenants in common". This means that upon her death, her 1/2 interest in the property became an asset of her estate and passes according to the terms of her Will or, if she had no Will, via state "intestacy" law.


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