What happens to property gifted 50 years ago to two brothers and brother 1 paid taxes made all the decisions brother 2 did nothing and has passed away not addressing property in any way?

Answer 1

In the United States it depends on whether a joint tenancy was created in the original gift. A joint tenancy is created by using particular language that generally states that the property is to be held jointly and to the Survivor of the grantees. The most common phrase used to create a joint tenancy is "as joint tenants with the right of survivorship".

If a joint tenancy was not created in the original gift then the brothers held as tenants in common and that means that when either dies their interest in the property can pass by their Will or if they have no Will it passes by law to their heirs at law, i.e., spouse and/or children. In this case the estate of the deceased brother must be probated in order for legal title to pass to his heirs.

Answer 2

Who starts the probate in this case or what if one doesnt take place. My father is 83 years old and is trying to figure out whst to do. Help