Mother died leaving house in miami dade to her 5 adult children in her will. House was sold and money distributed. Now one son has a house in st pertersburg with her name and his name.
You have to take a look at the deed to see how it was held, it may have directly passed to him upon her death. Otherwise, her share should have gone through probate and probate would have to be opened again to dispose of her share of this property otherwise. Those are immediate thoughts off the top of my head based on your post. So to answer your question (Maybe per above).
It's going to depend on how title was held between your mother and brother. Her portion could have passed directly to him upon her death, or it might have to proceed through probate. You will need a competent attorney to review the deed to make an educated assessment of the steps required.
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I agree with my colleague. The answer is dependent on exactly how the deed is worded.
I recommend that you seek a consultation with an experienced probate attorney in your area and either bring with you a copy of the deed or, at least, the exact address and the names of your mother and brother. It is likely that the attorney could view the deed online, if you do not have a copy.
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