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


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

Answered 5 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.

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