Sanderson, FL Estate Planning Law Firms & Lawyers

The property would be deeded from the estate to you. The mortgage would be paid off or refinanced, if possible. And you would pay your sister half of the equity in the home. It is not difficult, but if you are not sure how to proceed, an estate planning attorney can help you.

If there is a will, the executor will handle all the transactions. If there is no will then the estate will have to be processed through the court in probate. The court will authorize the transfer of the property. If your father died without a will then you will need to probate the estate. You should consult an attorney who will advise you on what information you need to collect to process the case.

Your brother can add you on the deed either as tenants in common or tenants in common with rights of survivorship. However, if he adds you on the deed now, the property appraiser will increase the property taxes because there will be a new change of ownership because you were added to the deed. Property taxes will be re-assessed. What is your brother's objective to putting you on the deed? If it is to avoid probate, then he can do a lady bird deed and name you as a remainder interest. Ownership of the house will pass to you only if your brother predeceases you.