Estate Law Questions? Ask an Estate Lawyer.
Good evening. I am Loren, a licensed attorney, and I can answer your question.
Property held in joint tenancy automatically goes to the surviving joint tenant outside of probate. So, in your case, your brother in law would be the sole owner of the property upon the death of your husband.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.