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joint ownership of house......brother and sister.......brother is ill

Discussion in 'Joint Ownership' started by crazylady45, Sep 4, 2011.

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  1. crazylady45

    crazylady45 Law Topic Starter New Member

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    My brother and I own our mother's home jointly. We got this through inheritance when she died. He is now terminally ill, and I think he has willed his half to his adopted daughter. We have not seen this will he talks about. Medicaid is also going to be an issue. My daughter has shown interest in wanting to move into the house after my brother passes to keep the house in the family. My brother went into a nursing home today. Will we have to put the purchase of his half in motion if he ends up staying in the nursing home long term? I guess I should ask can we put the purchase in motion? If my daughter buys his half now, his daughter will have nothing to inherit. Does the will have anything to say about him being able to sell before he dies? I know this sounds complicated, but we want to make sure that the house stays in the family. Is there anyway that I can be forced to sell my half in order to sell his half if it has to be sold because of his being in a nursing home? We are going to get an appointment with his attorney to ask these questions. Will there be a problem with him talking to us about property that is also owned by us and his client?
     
  2. army judge

    army judge Super Moderator

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    You should speak with a local property attorney.

    An initial consultation is often provided gratis.

    Your situation is far too complicated for a short, Internet based answer.

    Generally speaking, you have limited options because of government involvement (via Medicare). Medicare will often not allow a home to be sold until a person (situated like your brother) has expiried.




    In the end, your brother's will determines his wishes.

    You are always free to offer to buy out his daughter.

    As far as brother's will is concerned, if you aren't named in it, you have no legal right to see it.

    Even if he passes without a will, his daughter inherits his entire estate. That includes his 50% of the home you co-own.

    The one exception is, if you own the property as tenants in common, with right of survivorship.

    Speak with a good lawyer, for your own good.



    Good luck.
     
    Last edited: Sep 5, 2011
  3. fredrikklaw

    fredrikklaw Moderator

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    You will own the property outright!

    CRAZYLADY45:

    There is really no need for you or your daughter to “purchase” from your brother his half of the property; in fact, you cannot purchase and he cannot sell when the ownership of the property is through Joint Tenancy, hence making you and your brother Joint Tenants.

    A Joint Tenancy automatically creates what is called Right of Survivorship, which means in the event one of the joint tenants dies the remaining interest in the property is transferred to the surviving tenant by operation of the law. Therefore, after your brother’s passing away, you will hold title to and have 100% ownership of the entire property regardless of any written will, or his dying wishes that his share of the property should go to his daughter. You can then do with the property as you please; sell it, give it away, knock it down, will it away, waste it, improve it, etc., etc.

    I also don’t think going to see your brother’s attorney is such a good idea for the obvious reasons you have mentioned here; after all, it is his interest he holds and not yours and he (the attorney) will not discuss his client’s affairs with you under any circumstances. You can always go to see another Wills & Trust attorney who will give you a quick consult and answer your questions without reservations.

    After your brother's death, the ownership of the entire property (and title in you) is completed by recording an “affidavit of death of joint tenant” with a death certificate attachment, all of which you will swear to as the surviving tenant.

    Wish you well!


    fredrikklaw
     

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