Affidavit of death

The answer to your question is going to depend on how the co-owners held title to the property.  Call an attorney for a full consultation.

Hi - I can't make sense of your question.  I think you are talking about real estate with three owners:  your mom, your dad and your brother.  If they were joint owners with rights of survivorship, the house is now owned fully by the estate of the last of the three to die, which sounds like your brother.  His estate would go pursuant to his Will or, if he had no Will, the law of intestacy, which usually provide for a surviving spouse and children.  If they each owned a separate interest in the property, then each estate would own a third of the property.  Estate assets are controlled by a court-appointed executor.  Executors can be named in a Will or otherwise the court can make a determination based on who files for probate.  I am not sure what affidavit you are referring to, but your brother's wife may have been appointed executor of your parents' estates if she was nominated in their Wills, by agreement, or after a court hearing.  As executor, she is required to distribute estate assets in accordance with their Wills or the law of intestacy.  Check out nolo.com for the state where your parents and brother lived for more details on the probate process and intestacy.  Good luck.