Legal Question in Wills and Trusts in Texas
Do we own a share of our brother's house?
My mother paid cash for a house for my brother and the
deed is in both names (my mom's & my brother's). Her
Will divides all of her property equally between myself &
my siblings. Do my other siblings & myself own an
equal share of my mom's 1/2 of my brother's house?
Or does the whole thing automatically go to him
because his name is on the deed with hers?
2 Answers from Attorneys
Re: Do we own a share of our brother's house?
If your mother has died, and her will has been probated, you and your siblings own an undivided fractional interest in your mother's half interest. Your brother, of course, adds that fraction to his undivided one half.
Re: Do we own a share of our brother's house?
It depends. If the deed is styled Mom and Brother, as joint tenants with rights of survivorship, then Brother owns it by himself. Otherwise, Brother has his one half, and all children each own an equal share of the remaining half.
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