Home News ‘He makes irresponsible choices’: My brother pays my mother’s mortgage and co-owns her home. How can I ensure that my other sibling and I each inherit 1/3 share?

‘He makes irresponsible choices’: My brother pays my mother’s mortgage and co-owns her home. How can I ensure that my other sibling and I each inherit 1/3 share?

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Quentin

My younger brother suggested I contact you for advice on our family home. He makes monthly mortgage payments, but they often disagree on whether to take out a home equity loan.

To settle these disputes, would it be an appropriate solution to exchange me for my mother and list me on the deed as co-owner with my brother? Do I have the power to decide on future home sale splits if I am not the owner?

Our childhood home was sold 15 years ago after my father passed away. At that time, my brother and I agreed to use the stake for another house for my mother to live with her brother. We her three children.

My concern now is that when my mother died, my brother would not honor her original wishes. Therein lies the question of whether I should be added as a co-owner of the house to ensure a fair division when the house is sold in the future.

Our concern is that when it comes to selling the house and splitting the stock, my brother is likely to be a match for me.

what should i do? How do you approach this with your mother and brother? Thanks for your insight.

on behalf of all brothers

dear brother

He may be irresponsible in some ways, but paying your mother’s mortgage is a responsibility to your brother, assuming your mother needs help.

Seeking legal advice is always a wise idea Previous Make such a big move. It was a mistake to include my brother in my mother’s house deed, but it’s over now. I can’t put it back without your brother’s permission. He pays his monthly mortgage, so I can see why he believes it’s a fair or good outcome, at least for him. It depends on what kind of ownership your and your brother share and the state in which they live. But it seems he has one or more obstacles in the plan.

There are several types of joint ownership. A “shared tenancy” exists when each party owns certain shares and does not automatically inherit the spouse’s shares. In New York, a joint tenant has the right to transfer the share without the consent of the other owner. But even if your mom or brother did, it doesn’t completely solve your problem. You only own 50% of her, so you and your brother each share 25% of her. Alternatively, your mother can write a will leaving you and your brother a 50% share of hers.

“Each owner is responsible for paying property taxes, liens, and repairs, but usually one owner pays for the maintenance of the property, pro rata to each owner’s undivided share. and have the right to receive contributions from other owners.” New York-based law firm N Bowers PC“If one of the owners wants to sell the property outright, he can file a division action through the courts and the property will be forced to be sold.” shall be considered a “tenant”).

If your mother and brother own the home as “joint tenants with surviving family rights”, the most common tenancy agreement, especially with couples, is that each owns 50% and when the other dies inherit property to “The ownership of a joint lease cannot be set (transferred by will), but the joint lease holder can transfer all or part of the individual’s ownership to a third party for the rest of his or her life. , which breaks the joint tenancy and creates a joint tenancy,” says NBoers PC.

It doesn’t sound like my brother was going to divide the house 25/25/50 before he was added to the deed, but assuming he wants to keep his share, you’re going to You’ve cornered yourself. Talk to your state attorney to find out the best strategy. You and your brother may each end up owning 25% of his shares. Considering your brother is paying the mortgage, I can see why he’s happy with the outcome.

Even if it ends badly for you and your brother, it will certainly turn out good for him.

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