If my mother-in-law died last year but my husband’s brother is still living in her house, what recourse does my husband have to get his share?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mother-in-law died last year but my husband’s brother is still living in her house, what recourse does my husband have to get his share?

There was no probate. His brother had said he would pay him his 1/2 but now he won’t even talk to us.

Asked on April 19, 2015 under Estate Planning, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your los.  You need to probate the Will or file for an Administration if his Mother died intestate.  Then the Personal Reprensentative appointed by the court can take action to sell the property if need be or at least transfer it in to both their names and the your husband would file an action for Partition to split the asset (which with a house means sale and proceed split).  It will propmt his brother to start negotiating the buy out.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption