Legal Question in Real Estate Law in California

To answer your question we need to know in what type of ownership the property was transferred. If each of your were given a 50% fee simple interest without any restrictions [completer title to half of the property] the that is what you got -- title without any restrictions on what can be done with it, including transferring a portion of your interest to someone else.

I don't believe it matters "in what type of ownership the property was transferred." Even if it were transferred to the two of your as joint tenants with right of survivorship, the joint tenancy would have been severed by your brother's transfer of an interest to his wife, thus severing the joint tenancy and the right of survivorship.

In any case, the answer to your first question, "Can he do it?" is yes.

The answer to your second question is a bit more complicated, and depends upon whether he had a will or trust, or died intestate (without will or trust), and what the will or trust says. It also may depend upon how he transferred the interest to his wife. Spouses can share title in ways that prevent transfer by will, e.g., community property with right of survivorship.

I see from your Zip code that you are a short distance away, and I would be happy to give you additional free advice if you contact me diectly with additional information about how he and his wife held title to their half.

For the first time in a long time, I actually disagree with Mr. Whipple and agree with Mr. Shers. If you and your brother received a life estate, and it was measured by your brother's life, then the life estate ended and the property belongs to the remainderman. If it was a tenancy in common, your brother could deed his share to him and his wife. If it was a joint tenancy, there is an issue as to the time of the recording and your brother's wife.

So, to concur with Mr. Shers, the manner in which title to property was held is relevant.