Deed shows tenants in common. I know the brothers surviving spouse would get his half. My question is if his spouse passed away 6 months after he did, then how would the surviving sister "on original deed with brother" get a new deed to sale the property?
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.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have more than 25 years of successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case.
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.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline