Someone will need to petition to open an estate for your mother. Her real estate is part of her estate and ownership will pass via the laws of intestate succession. If she was unmarried at the time of her death, her estate would be divided equally among her children. You and your brother have equal right to open the estate. You'll either petition as co-administrators or one of you can renounce in favor of the other who can serve as the sole admin. If your brother is willing for you to have the property alone, he can disclaim his interest in the estate. 4.5% inheritance tax will be payable. You should retain counsel to assist with the administration of the estate to ensure everything is done property and no cloud is caused to be on the title to the property.
Answered on Jan 11th, 2016 at 11:56 AM