Brother and sister own house but brother dies who gets ownership?
2 attorney answers
If the deed is tenants in common, then your brother's 1/2 interest will pass to his heirs. If he had a will it will pass according to the terms of his will. If not, it will pass to his surviving heirs under the intestate statute. If his spouse predeceased him, then his 1/2 would pass, without a will, to children, parents and/or siblings.
Your sister continues to own her original 1/2, but she might be an heir to some or all of the brother's 1/2 interest, if she is an intestate heir or if she is named in a will as a beneficiary.
You will need to consult with an estate planning attorney to find out who the rightful owners of the property are.
This communication is not intended to create an attorney/client relationship. The answer provided is intended to be considered as general information only and is not designed to apply to any particular set of circumstances.
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Brother share would be distributed in order:
-to heirs at law, maybe to surviving spouse;
-if previously distributed to surviving spouse, surviving spouse share distributed to her heirs at law
Surviving ister may/not have right to transfer property to self using simple deed. Probate may be necessary.
Much more case specific information needed to advise how establish rights and to sell property.
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