Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.
It sounds like the probate attorney had your father sign a deed giving you a joint tenancy in the property. A joint tenancy means that the second an owner dies, the other owner(s) take that person's interest and it doesn't go into the deceased's estate. If this is the case, your father's interest in the property transferred to you and your brother immediately on his death.
You need to check with the attorney and find out if this is what your father has done. If so, it is true that you don't have to do anything to transfer title and you can apply for insurance as the owner.
If your father didn't execute a deed to you and your brother in a joint tenancy, the condo would be in your dad's estate and you would have to open probate and get a court order transferring the property to you and your brother. Once a court order is entered, you would have to have a deed issued by the estate's representative (executor) to you and your brother.