If my mother’s house is in her and my brother’s names, how will the property be treated as part of the estate?

UPDATED: Jan 8, 2015

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If my mother’s house is in her and my brother’s names, how will the property be treated as part of the estate?

I am listed a the executor in her Will.

Asked on January 8, 2015 under Estate Planning, Florida


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

Answered 8 years ago | Contributor

If they held title as "joint tenats with rights of survivorship", then upon your mother's death your brother became vested with full title to the property; it is not part of her estate. If the deed did not specify survivorship rights, then they held title as "tenants in common". This means that your brother retains 1/2 ownership in the house and your mother's share is now part of her estae and will be distriubuted as an asset under her Will. Since this can get complicated, you really should consult with a probate attorney as to all of this.

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