My Mother and I purchased our home, where we both reside fulltime…

dividing probate is legitimate. Often a name is XXXXX XXXXX title to simply avoid probate fees. There is nothing wrong with that.

But when that happens the other title holder is said to have held the title in trust of the other person and it's often done by a parent who puts one child's name on title simply to avoid probate fees.

When that is the case the titled does not vest in the child. In fact in that case the full house would vest in the estate.

If you can show that this was not the case but that you truly owned half the house then you are correct and title will vest in you and will not pass to the estate so the Will will not govern it.

If it's not clear the Court will want to find out what the parent intended. From the Will it seems your mother intended that your brother own half the house and you own half the house.

So you are going to have to prove that you own half the house, show what you paid for it etc and try and explain why the Will gives half the house to your brother.

For example, you will have to explain why your mother paid the full down payment.

And you say your mother paid you $1000 a month. How much did you pay for the mortgage and bills associated with the home?

Those are issues the court will consider.

Do you see what I mean?