Q: Can I fight my brother on my mom's will? She put him on deed, but in her will she wanted everything split
My mom was going through court with her dead husband's kids so to protect this house she added my brother to the deed because I live in another state. Now he is fighting me even though he know what my mom wanted and won't split the profit from the sale. Do I have a case?
A:
I'm sorry to hear of you loss and I'm even sorrier you mom did not seek legal help before placing your brother's name on the deed.
Unfortunately, what your mom "wanted" is not as important as what she did legally. LEGALLY, it appears, she put your brother's name on the house as a survivor? I put that as a question because without seeing documents it is impossible to know what she actually did. MAYBE she didn't do this! You need to hire a local attorney to review the paperwork to determine what she actually did.
That said, if the deed gives the property to one person, the will is not relevant. It is only a part of the estate if there is no deed distributing the property.
Bottom line: Get a local lawyer to look at the will and the deed and determine what if anything you can do. Good luck,
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Brent T. Geers agrees with this answer
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