If my brother was 1 of 2 people on a deed to my dad’s house but my brother has passed away, who is entitled to my brother’s share?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my brother was 1 of 2 people on a deed to my dad’s house but my brother has passed away, who is entitled to my brother’s share?

Asked on September 12, 2015 under Real Estate Law, New York

Answers:

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

Answered 6 years ago | Contributor

It depends on just how title to the property was held. If his name was listed as a "joint tenant with right of survivorship", then upon his death the other owner your father would have taken over full title to the propertry automatically. If, however, no such designation was made, then the law presumes that he was a "tenant in common". In such case, his share would have gone into his estate. His benefciaries if there was a Will or his heirs if he had no Will would be entitled to his 1/2 share of the house.


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