How do I collect money owed me from a buy-out on my inheritance?

My mother’s Will stated her home was to be given to my sister and I.My sister was on the deed at the time of her death and living in the home. Upon her death, my sister opted to buy me out of my half. Now, 5 years later I have not received over half of what my share was at the time the house was appraised. Do I have any legal right to the remaining money I was promised? If so, would it go off of the original appraisal or since upgrades to the house have been made, would it need to be reappraised? Since I was not put on the deed does that nullify my claim?

Asked on August 24, 2013 under Bankruptcy Law, California


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

Answered 7 years ago | Contributor

I am so sorry for your loss and for the situation that has resulted.  You need to speak with ana attorney in your are on the matter as soon as possible.  If your sister had a "right of survivorship" then the property transferred to her automatically upon your Mother's death and you may not be entitled to anything under the law.  If that is not the case agreements to transfer real property generally have to be in writing to be enforced because of a law known as the Statute of Frauds.  Please get help.  The documents here need to be reviewed in person.  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 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.