If your mom passes away, has no will but verbally says share n share alike, had her house in 1 child’s name , trusting they will do what she asked but they keep all money, is there anything other kids can do?

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If your mom passes away, has no will but verbally says share n share alike, had her house in 1 child’s name , trusting they will do what she asked but they keep all money, is there anything other kids can do?

Mother trusted my sister to sell homes
once she passed away and split money to
all siblings. She put the houses in my
sister name. Now mom passed and sister
sold houses and keeping all money. Do we
have any way to make her do what our
mother wanted. We do have a paper
signed by mom thst said sell and split
money once she passes.

Asked on April 18, 2018 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, your mother, unfortunately, made a bad mistake: once the homes were put in your sister's name, they belonged to your sister and your mother had no right to direct what would be done with them and exerciesed no control over them. As the owner of the homes, your sister may do whatever she wants with them. Your mother could have accomplished what she wanted done in many ways: putting the homes in all your names; putting the homes in a trust for all your benefit; keeping the homes but willing them to you; etc. But by simply putting them in your sister's name, she gave them 100% to your sister and took them out of her own control, so that her wishes as to what to do are irrelevant.


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