What to do if beneficiaries of a Will can’t agree on the disposition of assets?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if beneficiaries of a Will can’t agree on the disposition of assets?

My mother passed away leaving all of her possessions to all 5 of us siblings in her Will. However, 1 of the siblings has filed a suit against the other 4 for her share of the house of which we all agreed on an amount. Also, 1 of the 4, who has been living with our mother in order to take care of her, has been trying to get a mortgage to buy the house and pay the suit for 3 months. Now the banker has told her that it has to go through probate. Does it really have to go through probate? Is there any recourse we could take to turn it around so that the 1 black sheep has to buy the other 4 out?

Asked on May 14, 2015 under Estate Planning, Alabama

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your loss and for the isues that have arisen.  If the house was left to you all in a Will - and not transferred prior to her death - then is has to go through probate.  So the named executor has to submit a probate petition to the court to be appointed to deal with it.  The scenario that you list is quite possible: one buying the others out.  Understand that the suit will drain estate funds so it is best to try and mediate the matter between you all.  The value of the house could be adjusted to what you agreed so that one may buy the others out but the value for estate purposes will be the date of death value.  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 with SHA-256 Encryption