• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

When my father and brother joint own property..

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

philll

Guest
What is the name of your state? Georgia

My dad (84) owns a rental house and his and my brother's names are said to be on the deed. (I will check the records asap)

I have been told that when my father passes, this property will go out of his estate and into my brother's possession. My father intends for all three of his children to have equal shares of his estate, but there is not known to be anything in the Will about this particular piece of property-only verbal.

We don't feel that it would be advisable for one of the children to be placed under this kind of "temptation" as everyone who has lived long enough has witnessed the change that people can undergo when large sums of money are involved.

So is this true that my brother would become the owner of this property at the death of our father?

Thanks, Phil
 


H

hexeliebe

Guest
No. However, without a change reflected on the deed, upon the death of your father your brother will own 66%, and the other two siblings will own 16% each...

(your fathers 1/2 divided by 3)
 

nextwife

Senior Member
Sorry.Hex. To quote Gershwin "It Ain't Necessarily So"

IF the title is vested as joint tenants, the property passes to the surviving joint tenant upon the death of the other. It is not part of probate. Some forms need be filed, but a will would not apply to a Jt tenants interest.

The percentages you listed would be correct IF dad owns as ten. in common with the brother and the will gives equal thirds of Dad's estate to the three kids.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top