If my brother died and both his and girlfriend’s names areon title. do I have any rights to what happens with the house?

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If my brother died and both his and girlfriend’s names areon title. do I have any rights to what happens with the house?

There are no children and his mother is still alive. The morage is in his name. Does my mother or I have any rights to his half or who lives there. There is no Will.

Asked on January 12, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss. If your brother died with out a last Will and testament then he is said to have dies "intestate" and the intestacy statute in your state - every state has one - will govern the distribution of his assets.  Now, you have mentioned the mortgage but not the deed to the property.  How is the deed held? Is it held as joint tenants or tenants in common "with rights of survivorship?"  If it says those words  - rights of survivorship - then it passed to his girlfriend automatically pon his death.  If not then his half is part of his estate.  The mortgage is a whole other issue.  Please get help.  Good luck. 


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