Legal Question in Wills and Trusts in Missouri

Yes, he can. HOWEVER, there are lots of potential issues. What if you die first? What if you become disabled and your brother needs or wants to mortgage or sell the property and you couldn't sign off? A gift tax return may need to be filed. You may need to deal with capital gains taxes on the ultimate sale of the property that could otherwise have been reduced or avoided. What if you wind up with a judgment against you while your brother is still living? What if you and your brother have a "falling out", and he changes his mind?

You should talk with an attorney about using a Beneficiary (Transfer on Death) Deed, or perhaps a revocable living trust. Simply re-deeding the property into a joint tenancy is rarely a good idea, all things considered.

Mr. Herndon's response is a good one! Having an attorney prepare a Beneficiary Deed would be a very inexpensive way to accomplish the purpose set forth in your question. During your brother's lifetime he would still own the property and would be perfectly free to sell it, lease it out, mortgage it, or do anything he would normally be able to do with the property. Your interest would only take effect if he owned the property at the time of his death. Please feel free to have your brother contact me if he does not already have an attorney who would be able to assist him with this task.