Without knowing more facts, it would appear that you and any other siblings you have would share equally in the estate. Of course, there are better ways to handle this, and avoiding probate would save you a great deal of money, not to mention the hassle. If your brother has capacity and wants to make his intentions clear, he should meet with an estate planning attorney and get this taken care of.
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I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration.
I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer.
Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Mr. Frederick said it all. Without more, you get it all
Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed.
Johnson Legal Group, PLLC
If someone dies without a will, any property that would be controlled by a will will pass by laws of intestacy of the State of Delaware. The laws outline a pattern of distribution for different circumstances. Delaware's intestacy laws may be found at 12 Del. C. sec. 501 et. seq. Go to the State of Delaware website to fine the online Delaware code.
Note that property passing by beneficiary or joint tenancy or TOD is not controlled by the laws of intestacy or a will.