Deed includes deceased brother's name

[connie333]

What is the name of your state (only U.S. law)? PENNSYLVANIA

Hi,

My parents deeded their property to us five children years ago. However, last November our precious big brother passed away after a two year battle with lymphoma.

What we would like to do is let the deed as is and if (and when) we ever sell the property, give my dear big brother's share to his son. Can we allow the deed to remain as is in all five of our names and then distribute his share to his son one day? My mother currently resides in this property and she WILL continue to live there the rest of her life.

We believe it is only fitting that he receive what would have been his father's. What we wouldn't give to have our big brother back so I would not even have to ask this question...he was only 59.

Thank you kindly,
The Four (now) "T's"

 

[anteater]

Connie -

How was the property titled? Was it owned as tenants in common? Or joint tenants with right of survivorship?

What we would like to do is let the deed as is and if (and when) we ever sell the property, give my dear big brother's share to his son. Can we allow the deed to remain as is in all five of our names and then distribute his share to his son one day?

If all of you owned the property as tenants in common, your brother's share should have been taken care of during the probate of his estate. If not addressed, you could be looking at a big mess in the future.

If owned as joint tenants with right of survivorship, you and your siblings are the owners and failing to revise the deed now (although not as big a mess) could make things more complicated in the future.