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Old 06-19-2008, 01:01 AM
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Join Date: Jun 2008
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deceased brother's share of property contested


What is the name of your state? NH

My brother passed away recently and I need clarification of my legal requirements as it pertains to joint ownership of the property he lived on. My brother added the names of his siblings to the property deed after the ownership transferred to him upon the death of our father. i'm not really sure why nor did i ask to be added to the deed.

The issue at hand now is that the remaining siblings do not communicate well at all and have different ideas of what should happen to the property. I have no interest in it, since the only meaning it had to me was that my dear brother lived there. i am unsure of the way the deed was set up and do not have a copy of it so i do not know if it's a joint tenant or what ever. I would like to sell the place, since it's of no real value (land locked with only a right of way easement to access the place, and the house is little more than a shack. I do not want any financial obligation related to it either, since it is not a sound investment. One sibling does not want to sell and i'm unsure of the other's intent. Is a quitclaim the only answer for me?

one complication that recently came up is that now, my deceased brother's estranged ex-wife is trying to contest the will on behalf of her grown children. They have been divorced for over 20 years and the ex wife has been unrelentent in going after my brother for any money he made, even though he lived as a pauper and couldn't afford basic health care, which played a part in his early death. The children were not named in my brother's will and the probate lawyer has informed the executor (a sibling who is part owner of the property) that because the children were not specifically excluded that they might 'get everthything". can they get what part belongs to me or my siblings? or only the part that belonged to my brother? can i be forced to 'testify' as my brother has suggested? on what grounds and what can they ask me?

i want no part of this mess and am looking to protect myself from any legal or financial obligation or penalties. thanks for any advice you can provide.
  #2  
Old 06-19-2008, 08:29 AM
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Join Date: Jan 2003
Posts: 19,157
Obtain a copy of the last two deeds (because he may have only conveyed a partial interest) from the Register of Deed's office. In many counties today, this is even possible online.
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