Can my brother and I have both our names on a title since we have to go thought probate, no will.

Asked about 1 year ago - Grover Beach, CA

my brother lives in the house and we have to go though probate to get it into his name. my mother was very sick and on SSI, he took care of her! I don't want to go though this again in case something happens to my brother. I don't really want to be on the title since I am not asking for any proceeds if he had to sell the house. so what do I ask the probate lawyer to set up for us? My brother wants me to be able to help make decisions and incase anything happens to him I wont have to go though this again! plus we live in different states.. help

Attorney answers (3)

  1. Christine James

    Pro

    Contributor Level 19

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    Answered . My suggestion would be to transfer the property to both of you through the probate and then transfer it into a trust. The beneficiary of the trust would be your brother and you would be the contingent beneficiary. Either or both of you could be the trustee. That way if your brother wanted to sell he would be the beneficiary and entitled to the proceeds. If he were to die before you though, the property would revert to you. If you had some other idea of what you wanted to happen you could deal with that as well. If you simply want to be done with it and give it to your brother, you can assign your interest to him and the property would be his 100% at the end of the probate. Anything you did to assist him from there would be by agreement between the 2 of you.

  2. William Richardson Christian

    Contributor Level 12

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    Answered . I agree that Christine's solution of the use of a living trust to resolve your issues would be the most effective and simplist, way of proceeding. You will have to go through the probate processs first, and you should seek counsel to help you. The same attorney may be able to assist in the trust implementation.

    The response to this question does NOT create an attorney client relationship and is an effort to provide a... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

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    Answered . I agree with t my colleagues. Your best bet would be to speak with your current probate attorney to explore the suggestions. If the probate attorney doesn't do trust work (which I doubt), contact an estate planning attorney for assistance.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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