Planning a Living Trust

North Carolina - My mother change the house deed into my brother and my name years before she died.
I have always lived in the family home. My brother is separated from his wife and has a minor child. I am single with no children of my own. My sister-in-law never cared for my sisters and I and we are concerned that if my brother preceded me in death that she would try to make us sell the house. The property taxes has me listed as the primary owner (I don't know how much difference that make). We are not sure she knows his name is on the deed, but since that is of public record, she will find out anyway. My mother wrote on a sheet of paper that the house was never to be sold as long as one her children was living. How can a Living Trust help me protect my family's home.

If you own the house in joint tenancy with your brother, the entire house would go to you if he dies. If you own it as tenants in common, then his half would go to his wife unless he leaves it to you in his will. And if he does that, the wife would be entitled to take a share anyway be electing to take against the will. Another possibility would be a trust.

Therefore, first find out if the property is in joint tenancy. If it is, you have no problem. If it is not, then there are two choices:

1. Both of you change the title to joint tenancy (this is the easiest and surest way to do it),
2. Have him put his share in a trust with you as the beneficiary upon his death.

loku said:

If you own it as tenants in common, then his half would go to his wife unless he leaves it to you in his will.

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How do we get around the tenants in common equi-distribution formula? For example, if one tenant paid 90% of the purchase price and upkeep, how is it that his heirs only get 50%? What document or arrangement is needed to avoid this?