Q: Intestate estate, brother is the Administrator and lived with the deceased, who has no spouse or children.
There are a nephew and niece who had preceded their parents. They have been estranged for decades from the the brothers. Nephew wants his 1/4. Niece just had her accountant by email saying the niece "wants no communication with the entire family. "I emailed back saying I asked the accountant if the niece can simply sign she doesn't anything about the estate or its money, which is very modest. If we get her or a hearing that the statement or signature, does the Uncle - Administrator get the 1/4 of her, or does the nephew and Uncle share? Uncle doesn't want any more than nephew as the law says. I also can say that the Brother is the only person living with the deceased till death, so I think Uncle should have the full Family Discount. These small estates can be tough !
A: It sounds like an Action for a Sale For Partition is in order. Once Heirship is determined, one or more Heirs should file the Action against the others. Hire a competent PA attorney that knows real property litigation. Hopefully the lawyer can be paid through sale proceeds. In this case, Partition might make everyone happy.
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