Lots of questions. The joint tenancy was broken when your mom died, leaving dad, you and brothers as tenants in common. However, this has nothing to do with being able to sell without your brother's cooperation. He still has ownership rights, same as you. Yes, your father an convey his interest by quitclaim to get his name off the title.
That may not be enough, though, to keep a nursing home from coming after the property if he dies leaving a big bill.
Renting it out without the cooperation of brother is not proper either, as a lease is between the owners and the tenant. You'd have an unenforceable lease and you'd be inviting a lawsuit from the brother.
There are options, but they aren't quick or inexpensive. I would be glad to take your call and give you some direction.
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You should consult a local real estate attorney.
If the four of you owned as joint tenants with rights of survivorship, that means you each owned 100% of the property. When your mother passed, the three remaining people named in the deed would remain 100% owners and as joint tenants unless a deed was filed changing the form of ownership.
You can break the joint tenancy by having your father deed his interest to you. The new deed would recount that you are a tenant in common with the remaining owner - your brother. You would likely own 2/3 to his 1/3.
Note that there may be tax consequences to this "gift" and that medicare / medicaid has a look back period that can invalidate a transfer for less than fair market value.
I am not a GA attorney, laws vary from state to state, therefore you should always consult a local attorney.
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