In dads will he is leaving some land to you and two of your brothers but just one of the brothers name is on the deed will he get all of the land cause his name is on the deed and not your even though?

Answer 1

The brother who is a grantee on the deed with your father has his own interest in the land. Your father cannot leave that interest to the other son's in his will. If there is one tract of land on one deed and father and son are the grantees on that deed then the son owns a half interest and the father owns a half interest.

You need to check the tenancy recited in that deed. If father and son are listed on the deed as joint tenants with the right of survivorship, the son automatically owns the property upon the death of the father.

If the property was acquired as tenants in common, the half interest of the father will pass to the named beneficiaries in his will upon his death. His estate would need to be probated in order for his title to pass to his heirs.

If this is not the scheme your father desires then he needs to consult with an attorney who specializes in probate and real estate law and have this situation straightened out. However, your brother named on that deed owns a half interest in the property which he would need to voluntarily convey back to your father if that wasn't what your father intended.