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Your mother passed away specifically leaving you the house and property and stated in the will that the brother and sisters had lifetime interest What are your legal rights with the property?
Tonya1115
If your brothers and sisters have a "life estate", then it means that you (or your heirs) will not receive clear title until they have all died. From your wording it is difficult to say whether you also have a joint interest DURING their lifetimes (i.e., could claim part of the rent as yours, etc), or have any obligation to pay the property taxes.
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∙ 16y ago
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Can you put a lien on property owned by your brother and you?
You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.
You are original homeowner after four year you put your brother name in title how you can remove him from title?
You need to have your brother sign a quitclaim deed conveying his interest to you. Then you must record that deed in the land records. He owns an interest in the property and you need to obtain that interest from him.
Can a brother give property through settlement deed to sister?
A person can give his property to anyone he wishes, as long a he owns it himself. If he is joint owner, he can only give his interest in the property.
What if you have a General Warranty Deed with your brother and he dies unmarried does the property become yours?
A general warranty deed guarantees that the grantor is conveying clear title to the property. It does not govern who gets the property when one co-grantee dies. The passing of the interest of a co-owner upon death is addressed by the tenancy recited in the deed. If no tenancy was recited you both acquired the property as tenants in common and if one dies that interest would pass according to their will or if intestate, as intestate property. If you acquired as joint tenants with the right of survivorship then your brother's interest would automatically pass to you and you would become the sole owner of the property. See the related question below for state-by-state intestate property laws.
My mother died owning a two thirds interest in inherited property her older brother owned a third and has died can we sell the property while looking for his heirs?
You cannot sell the property because you do not have clear title. If you signed a deed for the property it would only convey your interest. All of the older brother's heirs at law must also sign a deed to convey their interest. The older brother's estate would need to be probated in order to identify all his heirs. If you can't identify ALL of the older brother's heirs then you will need to obtain a court decree to clear the title. This is a very serious problem and solving it may be costly. You need to seek the advice of an attorney who is experienced in both real estate and probate matters.
If a brother's name is on the deed before he is married does his wife inherit the property if he dies or persons on the quit claim deed?
Your question seems to imply there is another person on the deed with your brother. What happens to the property upon his death depends on how the property is held. If the deed granted the property as joint tenants with the right of survivorship the title automatically passes to the surviving joint tenant. If the property was acquired as tenants in common and the brother died intestate then his interest would pass to his next of kin and his wife would likely inherit his half interest in the property. You may need to seek the advice of an attorney who specializes in probate in your area. You can check the laws of intestacy at the related question link below.
Why would you create a tenancy by the entirety?
A tenancy by the entirety provides the maximum protectionthat can be acquired by deed. A tenancy by the entirety is a joint tenancy reserved for legally married couples that protects the property from being seized and sold by a creditor of one of the parties. The survivorship rights of either party cannot be severed.In most jurisdictions one party cannot sell or mortgage their interest without the consent of the other party. In certain states (Massachusetts and New York are two examples) there is no law against one tenant by the entirety conveying their interest. However, their deed cannot defeat the survivorship interest of the other tenant by the entirety and a peculiar situation is created.Suppose a husband conveyed his interest to his brother. The husband no longer owns the property. The brother is now taking the husband's place in the unseverable survivorship tenancy. If the husband dies, the brother is out of luck and the brother loses his interest in the property. The wife gets it all. If the wife dies the brother gets it all.
If a brother and sister owed land together and the brother died without leaving a will and they have other siblings would the sister on the deed get the property The brother never married.?
The answer depends on how the land was titled. If sister and brother acquired the land as Joint Tenants With the Right of Survivorship then brother's interest would pass automatically to sister upon his death. If the land was acquired as Tenants in Common then brother's half interest would pass to his parents (assuming he has no children). If his parents are deceased then his half interest would be shared by his siblings, including his co-owner sister.
What happens if your mother dies and she owns the mortgage on your brother's house but your brother is the only one on the deed?
Chances are that you mother owned the property, borrowed against it and then deeded it to your brother. Your brother took title subject to the mortage. The best thing to do is to encourage your brother to refinance and get a loan in his name. The existing loan might have a clause that accelerates payment in case of the death of the borrower. It is unclear if the lender would be willing ot continue accepting the payments, but your brother will lose the house in foreclosure if he doesn't make the payments.A Different PerspectiveYou stated that your mother owned the mortgage. That sounds like your brother purchased a home and your mother loaned him the money. That means your brother owes a debt to her estate. If she had a will her property, including the mortgage, will pass according to the provisions in the will. If she died intestate, without a will, her property, including the mortgage, will pass to her heirs at law according to the state laws of intestacy. Your brother owes the balance of the mortgage to his mother's heirs and that may include himself. You can check the laws of intestacy for your state at the related question link provided below. You can add more details on the discussion page.
Your brother is refusing to leave your deceased mothers property and you have not signed the final probate yet?
You have not disclosed whether your brother inherited an interest in the property, why he should leave the premises or what your position is. Generally, in the US, title to real estate passes to heirs at the moment of death. As soon as the estate is filed for probate legal title is perfected. As an heir your brother may have the right to the use and possession of the property. You may add more details on the discussion page.
Did hitlers brother rent a property of a Jewish man?
He didn't have a brother.
When the property is in my name can my brother apply for the court asking for a share?
If a property is transferred to you or you are the sole owner of this property, your brother cannot seek help from the court for a share in property, until and unless there is a document supporting his claim.
