Estate Law Questions? Ask an Estate Lawyer.
When one inherits property, the way their "name is ***** ***** the property", is a complex issue involving the distribution of his estate. Generally, the executor of the estate whose duty it is to carry out the terms of the will, issues deeds to those who inherited the decedent's real estate. Or, the probated will is simply recorded with the county recorder, and those who search title will pick up the names of the owners from that. As far as your deceased brothers share goes, you cannot force someone to disclaim an interest which they may or may not have. If you feel that your brothers share, or any part of it should've passed to you as his intestate heir, you will have to prove that in court, which could be in his probate estate. Otherwise, a person in your position could sue everyone in the family, plus the girlfriend etc.… to quiet title in his share. Typically this is not something that one can do without an attorney. It is a very complicated legal proceeding.
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