Asked in Estate Planning and Probate for Arizona

Q: Can i sue my brother for a percentage of the sale of our dad's house?

My dad died and left his house to my brother. My brother sold the house and didnt give me the money he promised. Am i entitled to percentage of the sale?

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2 Lawyer Answers
Marcus N. Seiter
Marcus N. Seiter
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: I am sorry that you lost your father. I am also sorry that your brother did not keep his promise to you. However, if your father gave his house solely to your brother outright and free of any trust as your brother’s inheritance, then you are not entitled to any proceeds of the sale when your brother later sold it. Even if your brother promised to give you a portion of the proceeds, he is not legally bound to keep that promise. Unless you can show that you had a valid contract or some other quasi-contract claim (which would probably require the help of an attorney), you are most likely not going to prevail here. You should probably consult with an attorney that handles probate litigation to see if you have any other options.

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN

A: You could hire an AZ attorney to search the title and see if you were an heir or supposedly one of the two grantors. If so, an Ejectment, Quiet Title, etc. action might lie if the SOL has not run.

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