My father''s name alone was on the deed to a house, when he died, it was never put in my mother''s name.

Your mother cannot bequeath property she does not own. If her Will was probated, the court should have discovered the titling issue and ordered it to be corrected. The judge would determine the rightful owner(s). If that should turn out to be both you and your niece, you will not want hard feelings between you because you will have to decide, together, what to do with the property. Make an effort to reconcile with your niece. Remember that she is grieving. Say you have realized that your dispute is not honoring your parents / her grandparents or your brother / her father and you want to find a solution that’s fair to both of you. If you two can make amends, you can go together to a probate lawyer for help to straighten this out. If, as may be possible, the property is found to legally belong to both of you, maybe one can buy the other out, or you can sell it together and split the proceeds according to your legal entitlements. Perhaps you and your niece can find a bit of peace. However, in any event, to clear the title, you will most likely have to probate both your father’s and your mother’s estate. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com