Legal Question in Wills and Trusts in New Jersey

Re: house

First, my condolences on your loss.

It depends on how you and your brother took title - whether as tenants in common, or joint tenants with right of survivorship [often abbreviated as jtwros].

If the deed doesn't specify, you were tenants in common. That means that you remain the owner of an undivided 1/2 interest, and your brother's heirs inherit the other half. His estate should be administered and a deed should come out of the estate, signed by the duly appointed personal representative to the heirs OF ONLY HIS INTEREST.

You may wish to buy your brother's interest from the estate if you are able to, rather than sharing ownership with his heirs.

You may want to consult with a real estate / estates lawyer in your county to assist you.

My NJ office is in Collingswood [Camden County].

Re: house

you really ought to get a lawyer's advice. I have some friends who do that kind of work, but I do not.

call me if you like.

Re: house

It depends on what the current deed says. Get a copy of it and bring it to a lawyer near you who handles wills and estates.

See also: http://info.corbettlaw.net/lawguru.htm