Estate Law Questions? Ask an Estate Lawyer.
THe answer to your question depends upon how the title was held by all three. In Tennessee there are three basic forms of concurrent ownership: 1) tenancy in common, 2) joint tenancy with rights of survivorship, and 3) tenancy by the entirety. The language of the deed determines what form it is. That is, the deed with all three names would say: "as tenants in common" , or "as joint tenants with rights of survivorship". In the case of TinC, only 1/2 of the property would be subject to claims against either owner's estate. With JTWROS, the entire property would have passed to your brother in 2003 and would now be part of his estate. It would not have been subject to creditor's claims against your mother. Hopefully your local attorney can get this straightened out.