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You need to probate your mother's estate for title to the real estate to pass to her heirs. Until the estate is probated there is no living legal owner of the property. It is owned by your mother's estate. After payment of her debts, her property will be distributed according to the laws of intestacy of your state. If your mother left two sons and no spouse, title to the property will pass to her sons who will share her property equally. At that time, the brother who is living in the house could buy his brother's share in the property. If one brother wants to sell and the other doesn't, the first could bring a Petition to Partition in the local court of equity. The court would arrange to sell the property and after all the legal costs and expenses are deducted the proceeds from the sale would be divided equally between the brothers.

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Q: Your mother passed away and did not leave a will She left a house but one brother moved in There is another brother What do you do?
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