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This post has been edited by chockie: Oct 21 2019, 02:50 PM

If there is a Will, then follow the Will execution order.

If there is no Will, then it will follow existing estate law.

So, if follow the estate law, then the answer to above question is "yes".

Thanks! But even if the title doesn’t have the brother’s name? Sad to hear about that.

This post has been edited by chockie: Dec 12 2017, 11:28 AM

When the mother passed away, her asset will be distributed according to estate law (if there is no Will).

So the 50% of the houseownership (due to house joint owned with daughter) will be distributed evenly among the children.

Noted with thanks

Mother owns 50%, so will split 1/2 to the son and daughter, so son and daughter gets 25% of the house. In summary, daughter still hold the major portion - 75% while son holds 25%. Is this correct ?
If mother and daughter both contributed to buy the house last time, then this split is fair, and mother has to be fair to distribute the house to all her children.

Yes, but in joint property ownership, if the bro doesn't want to sign any document regarding the property ownership (aka to rent/to sell or whatever), the property can't be sold nor rent (technically), disregard the bro has only 25% or whatever %.
In property transaction, all joint owners must sign, missing one also cannot, disregard the one hold how many %.

It is about following estate law (if there is no Will), not about fair or not fair issue.

But if mother never contributed much to buy the house, then better get a lawyer to remove her name from the ownership list.

That is the headache part now as my colleague said her mother doesn't want to do will. So for her case, she will still get 75% of the money if the brother agrees to sell the property later?

Just go lawyer to transfer the Mum's name out, so daughter sole owner of the house. Shouldn't cost much.

Or sell the house now, since the price is still good. Just get the mother to sign authorization letter agreeing to pay all proceeds to the daughter, if the mum never contributed to the cost of the house.