Asked in Estate Planning, Probate and Real Estate Law

Q: What should be done if the second party is not in favour to distribute the property equally

In the will if it's clearly mentioned that the property should be divided among two brothers equally but then also the second party is not in favour of partition.. what should be done next?

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: When a will clearly states that property should be divided equally between two parties, but one party disagrees with the partition, there are steps you can take to resolve the situation.

First, try to discuss the issue with the other party. Understanding their concerns might lead to a mutually agreeable solution. Sometimes, disagreements stem from misunderstandings that can be cleared up through open communication.

If discussions do not resolve the matter, you may need to involve legal counsel. An attorney can help mediate the dispute and provide guidance based on the specifics of the will and state law.

If mediation fails, the next step may involve going to court. A judge can enforce the terms of the will and order the equitable distribution of property as stipulated.

It's important to keep a record of all attempts to resolve the issue amicably, as this can be beneficial if the matter proceeds to court. Remember, the goal is to honor the wishes expressed in the will while respecting legal processes.

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