Q: Can an heir have everything put in their name then refuse to settle everything equally among the other heirs?
My fiance has 3 sisters. One of them manipulated their mother to have everything put in her name. Now she is playing the executor of a Will that was never filed in court. She has been dividing some of their mother's money 4 ways. The problem is she has moved into their mother's house which is valued between $250,000 & $300,000. There's also 50 acres of prime land worth around $500,000. Both the house and property are in this 1 sisters name. Now that she's living in the house she feels like she doesn't have to split the amount of the house or property because it's in her name. The other thing is everyone agreed that my fiance should get their mother's car. This 1 sister puts a value of $3,000 on it and takes the money outof her part and divides it among the 3 other sisters. Is there a way for the 3 sisters to make the 4th sister to either sell the property and split the money or make her pay the 3 sisters 3/4 of the value of the property?
A: If your fiance thinks he might have enough evidence to convince a court that the sister in possession of the house obtained titled by fraud, misrepresentation, duress or undue influence, he might be able to get the deeds and other transfers to the sister set aside and the property restored to his mother's estate. Then your fiance can petition the probate court to have himself appointed as executor to administer your mother's will correctly.
A: If the mother's Will is not Probated, then it has no effect. Assuming the mother owned the land, it will owned by her heirs as tenants in common. Any of the owners can file an Action for Partition. As an owner the sister has as much right as any to live there. If there is a mortgage then someone must keep the note current pending Court Sale.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.