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Maverick, Attorney
Category: Estate Law
Satisfied Customers: 5745
Experience:  20 yrs of professional experience.
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If there is no will, mother died and has her name and one brother's

Customer Question

If there is no will, mother died and has her name and one brother's name on deed. Is the house the brothers or is only half his and the other half the 5 remaining siblings?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Maverick replied 5 months ago.
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Expert:  Maverick replied 5 months ago.
Look and see of the deed says that they hold as tenants in common. If so, all tenants in common hold an individual, undivided ownership interest in the property. This means that each party has the right to alienate, or transfer the ownership of, her ownership interest. This can be done by deed, will, or other conveyance. If there is no will then the mom's interest passes by intestate laws which would mean that brother keep his 50% ownership interest in the home plus gets 1/6th more from mom's. The other 5 siblings would inherit 1/6th interest each from mom.

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