When a co-owner ofreal opprerty dies, what should be done about changing the title?

Get Legal Help Today

 Secured with SHA-256 Encryption

When a co-owner ofreal opprerty dies, what should be done about changing the title?

My brother, sister and I were tenants in common to a house left by our mother. My brother died. What should we do now about the title?

Asked on February 11, 2011 under Real Estate Law, Maryland

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  This is a difficult question to give guidance on here without knowing more.  If the property had no"rights of survivorship" meaning that upon the death of either of you the right to the property goes to the surviving sibling or siblings.  If there was no right of survivorship amongst you - and the property was not given you by him is a Will - then the property goes in to and becomes part of your brother's estate.  Now, how the property is then divided depends on who survives him in Intestacy: spouse, children, parents, etc.  I think that you should get some legal help in your area.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption