• 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.

Mother died one brother is selling the house and not trying to split any assets.

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

Mordhom

Junior Member
What is the name of your state (only U.S. law)? Maryland

Currently we live in South Carolina. I am writing this for my mother in law who this affects. Originally she did not want the house to be sold but she finally agreed to the selling of the house and that the money would be split with her. The brother in question does also have his name in the house but their mother wanted originally for everything to be split among the kids if she passed. Now that she has passed the oldest sister has received nothing. When they started to sell the house they was talking about giving her $18,000 after sale they then said they could only give her $9,000 because he had to do work to the house... Now they are saying she will only receive $4,200 and really I am waiting for them to drop that number even further. The brother will not disclose how much the house is being sold for and another issue is her mother always said she had a life insurance policy and many thought their was a will. But the brother is not being open about anything. I believe in my heart that they are ripping her off and just trying to throw her a bone just so she leaves them alone. So we are trying to find out what we should do. What in our power can we do?

The brother from what we heard also is the went after the mother died and got susposedly got her name removed off that house.
 
Last edited:


justalayman

Senior Member
How was title to the house held immediately prior to the mother's death?

If it was held by her alone, the house becomes part of the probate estate.

If mother and her son:

If held as tenants in common, her share (1/2 interest unless otherwise stated in the deed that created the tenancy) would be an asset of the probate estate. The son's 1/2 share is his alone.

If held as tenants in common with rights of survivorship, her son became owner of
The entire interest and he can do what he wishes with his property

So, find out his title was held and the possibilities based on that can be explained better.
 

Mordhom

Junior Member
The house on the title was listed with Mother and then son. The mother used her son for credit.

When she passed away it was still listed as Mother & with the son.



A week after she died he went supposedly to the court house and had his mothers name removed or so we heard.
 

justalayman

Senior Member
The house on the title was listed with Mother and then son. The mother used her son for credit.

When she passed away it was still listed as Mother & with the son.



A week after she died he went supposedly to the court house and had his mothers name removed or so we heard.
So was it as tenants in common, joint tenants (and possibly folllowed by: with rights of survivorship)?

Just to be clear since I have an odd feeling about the home; is this involving real property (actual land) or are we discussing something like a mobile or manufactured home?
 

Mordhom

Junior Member
So was it as tenants in common, joint tenants (and possibly folllowed by: with rights of survivorship)?

Just to be clear since I have an odd feeling about the home; is this involving real property (actual land) or are we discussing something like a mobile or manufactured home?
No it was a house in the city of Baltimore. The sister lived there most her life. How would I find out about the rights of survivorship? This was a actual house.
 

Dandy Don

Senior Member
If the house was in fact sold, that information is or will soon be public record and you should be able to look at the county land records online to check by the address.

I realize that you all are a bit anxious about what the beneficiaries are going to receive from this estate, but you honestly need to be a little bit patient and get your grief resolved first and let the probate process play itself out. Give the brother (or whoever the executor is going to be) time to manage/handle the affairs of the estate. What you can do right now is to check county probate court records online to see if brother has filed to open up the estate for probate--if he has not done so already, he will probably do so in the next 30-60 days.
 

justalayman

Senior Member
If your city register of deeds (presuming this is within the city limits. The county register if outside the city limits) has online access, you may be able to find the deeds involving the property. If you can find the last deed recorded that lists your mother and brother as grantees, read it to find how title was held.
 

Find the Right Lawyer for Your Legal Issue!

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