If I’m purchasing a home with my father and both of us will have our name on the title, when my father passes away will my brothers have any claim to the property?

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If I’m purchasing a home with my father and both of us will have our name on the title, when my father passes away will my brothers have any claim to the property?

Asked on August 4, 2012 under Real Estate Law, Nevada

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This all depends on how you and your dad take title on the deed. If you take it as joint tenants with rights of survivorship or some other form of title in your state where the other owner obtains the deceased share automatically, then your brothers will have no claim. If your deed says you are tenants in common or 50% owners, then upon your fathers death, his shre would follow his will or the estate. He then must have a will provision saying you get his share. otherwise his share is split with your siblings. Consult an attorney in your area before closing to ensure that your objectives are met in this area.


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