will left the home and property to me and two of my siblings. One of the sibling is contesting the will. I do not have the finanical means to fight this in court, there is a lien on the home and property that was taken out to offset mother's medical expenses. The estate attorney's suggested a settlement of a life estate- in which, I would have to answer to my siblings regarding everything from the utlities to home improvements. I am currently -in between jobs and feel that is is no way to live. Can I request to be bought out?
2007-09-26 11:26:20 · 5 answers · asked by sam 1 in Business & Finance ➔ Renting & Real Estate
If one of your siblings contested the will then selling the house is not an option. Don't violate the court. Yes they can buy you out, but the sibling who contested would only want to pay you 1/3 of the value of the home since he/she believes they are lawfully entitled to their share and you only have a portion. If the will is valid and your mother was sane then you should win, but should doesn't always stand up in court, especially if you don't have the means to fight. You are in a tough situation. I don't know if the home means anything special to you or your siblings, but if not, then take whatever buyout you can get and move on. Try not to have too much resentment against your siblings, or do, depending on your relationship.
2007-09-26 12:18:24 · answer #1 · answered by proactiveindy 2 · 3⤊ 0⤋
If your mother didn't want them to share in her estate then there must have been a very good reason, it would be against her wishes for you to split anything with them, just sell the property and invest your money, whatever is left, spend it all and if they contest it, there won't be anything left for them to have any way, enjoy your inheritance. The 'estate attorney' has nothing to do with it, except file the death with the court, if she left a will after the 'originail will' that you are talking about, then the previous will is null and void, don't let him mess you around, if you have the last will and testement take it to another lawyer.
2007-09-26 11:44:40 · answer #2 · answered by andremillie 1 · 0⤊ 1⤋
Maybe what you should consider is hiring your own Real Estate Attorney to fight for your rights. Unless you really don't want to keep your mom's home, in which case I would just tell them you'll sell the place for whatever you can get and split the money. But have it put in writing and each of you sign it.
I am sorry for your loss. Best of luck!
2007-09-26 11:48:19 · answer #3 · answered by Anonymous · 0⤊ 1⤋
initially i'm rather sorry to your loss..My basically suggestion is you may do whats surprising to your little ones...i know its a demanding determination to make however the only those that would desire to count to you surprising now are your 3 young ones...in case you will get greater help out of your loved ones then i say pass...attempt your superb to cajole your companion's mom to come again with you yet whilst she refuses then a minimum of you recognize you tried your superb...and that i'm helpful your spouse could understand your determination...good success and that i'm hoping each and every thing will artwork out for you
2016-10-09 21:11:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Unless your mother wasn't in her right mind or you unduly influenced her she had a right to leave you the house and nothing to the siblings. I would probably sell the house and buy a different one where the siblings don't feel they have rights.
You can sell the house to the siblings if they want to buy it.
2007-09-26 11:32:55 · answer #5 · answered by shipwreck 7 · 0⤊ 1⤋