My mother died about 5 years ago, it has always been in my parents will, that us 3 kids would receive the house. My father decided to sell the house and buy a condo, the difference between the sale of the house and the purchase of the condo was suppose to be spilt between us three kids. One of my brothers bought the house and my father loaned the money from the difference of the sale of the house and the purchase of the condo to buy the house to this brother, who after three years has paid a very small amount back. I have made plea's to my family, I do not think my brother could afford the house, I am really in need of that partial inheritence for things in my own life, believe if I wasn't I would not be pursing this. I am seriously considering getting a lawyer, pro bono. I have asked my father for any paperwork and he never replied, my father is great, but he is not stepping forward to ask my brother to pay the money back, and I am in serious need. Next step?
2007-01-05 07:56:57 · 9 answers · asked by tk 1 in Family & Relationships ➔ Family
You need to go to probate court and talk to them about this,if this is what was stated in the will you really need to get a copy.you could always see if she used a lawyer to have her will drawn up usually they would keep a copy and if it went through probate then they would no what was in the will.
2007-01-05 08:00:37 · answer #1 · answered by Mary O 6 · 0⤊ 0⤋
Is being the outcast of your family worth the money? Do you really want to get into a legal fight with your family over money and cause the total lost of everything? What may happen is that a court will order; after the death of your father, that everything be sold and divided between all living members of the family. This will include; aunts, uncles, cousins, nephews, nieces, etc. by the time it's over with the legal fees you may end up with nothing and no family. But than again, everyone may get nothing when the court rules the estate be sold and placed in probate for about 10 years waiting decision.. Better think again, and seek legal direction before you proceed with anything.. Better to have family than no family and no money....
2007-01-05 08:10:12 · answer #2 · answered by denfasr 4 · 0⤊ 0⤋
Your parents most likely owned the house in "the entirety". That means upon the death of one owner the entire property reverts to the remaining partner. Your dad became the sole owner of the home and it was his to do with as he saw fit. Any will that your mother may have had regarding the property becomes nil. Now the issue simply is, what were your dads intentions regarding the sale. The money that your dad loaned to his brother is between them only. I'm sorry but you have no standing in this situation.
2007-01-05 08:26:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The bottom line is, you did not receive your part of the inheritance in accordance with the will. If there is a will which stated exactly what you said, then I'd say "Go for it!". And try to get an attorney to do this case "pro-bono" too, so you don't go broke in the process. Take the will to an attorney's office and ask them if you have a worthwhile case. It wont cost you anything to ask.
2007-01-05 08:04:59 · answer #4 · answered by Sam Darren 3 · 0⤊ 0⤋
From a personal family perspective you should ask yourself if you can handle the negetive aspects of going forward with this plan.
From a legal perspective, you can reopen the probate case if its been closed and force the sale of the property. Its your legal right. You will need an attorney. This can be a messy process with a lot of paperwork and loop holes and the process varies from state to state, county to county. There are a lot of legal processes a person can do on their own. However, I wouldn't advise trying this without an attorney.
(litigation paralegal)
2007-01-05 08:03:31 · answer #5 · answered by Melli 6 · 0⤊ 0⤋
The proceeds of an coverage plans are actually not often area of an inheritance. An inheritance is a factor or all the materials of a man or woman who's now deceased. An coverage fee to named beneficiaries is a income paid for, yet in no way owned with the aid of, the guy who's now deceased. So the guidelines of inheritance do not word to coverage plans advantages. Your father had the possibility, in all probability, yet did not undergo in techniques or elect to alter the coverage beneficiaries. the two or the two a sort of beneficiaries might elect to make a latest of any of their materials to you, however the coverage fee belongs to Emma and to Grace.
2016-10-30 02:25:05 · answer #6 · answered by atalanta 4 · 0⤊ 0⤋
you need legal aid to help you with this (legal aid is free) you have a right to your share of the money . the lawyer who made out the will with your mom will have a copy of the will. ensure you see it.donot ask your father .....my advise is to seek legal aid asap but do not bring up the subject with your father till you have more info on this matter.
2007-01-05 08:02:47 · answer #7 · answered by ? 3 · 0⤊ 0⤋
CALL A LAWYER AND SEE WHAT THEY HAVE TO SAY. WISHING YOU THE BEST WITH THIS.
2007-01-05 07:59:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
totally.
2007-01-05 08:06:58 · answer #9 · answered by krystiana101 1 · 0⤊ 0⤋