Legal Question in Wills and Trusts in Georgia

Of course, absent unusual facts, a person can transfer their interest as they wish after creditors are paid. You likely can do the same with your interest, perhaps to the other co-owner.

He can leave his share to anyone he chooses. You might consider selling your interest to him or her.

Why not resolve this during your brother's lifetime before he possibly dies? You need to have a talk with the brother and decide what he wants to do. Right now, depending on your brother's type of cancer, he may need cash. If so, maybe you can offer to buy out his share. You will have to get the property appraised. If the house is not mortgaged, take out an equity loan of just what you need to buy out your brother. Or, he can buy you out if you are not interested.

If your brother has a will, he can leave the house to whomever he wants. He could leave his share to you. If he is not married, the girlfriend has no rights unless he leaves it to her. You need to make sure that he has a will (convince him to go to a lawyer). You can explain how you feel and that may affect what he and you want to do with the house.

I know this talk is unpleasant, but nobody wants to deal with a mess that could have been avoided by proper planning. I am sure that your brother does not want to leave a legal nightmare behind for his loved ones. And some decision needs to be made about the house.

If neither of you really want it, then it is best to sell it now. If your brother is too ill, he can make you his limited power of attorney and let you deal with selling the house for him.