What to do if my father died suddenly without writing down that I was to inherit his house?

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What to do if my father died suddenly without writing down that I was to inherit his house?

As his Will stands, his estate is to be divided amongst his 4 children. For 19 years I have maintained, renovated and cared for the house and property with the understanding and agreement that I would inherit the house. My siblings intend to sell the house. I wish to request a larger portion of the sale of the house for said work and spoken agreement between my father and me. All are aware of his wishes and my work. How do I draft a document requesting that each sibling agree to relinquish, a stated percentage each, from the sale of the house to me for said work and the agreement that I had with my father?

Asked on June 25, 2013 under Estate Planning, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, this is going to be difficult but not impossible. If all of your siblings and other witnesses understood his wishes, then you need to have each of them fill out an affidavit agreeing to this. Further, you raise this in probate court since the estate will have to probated. If there is anything in writing from your father (an email, a letter, a witness with similar writing), bring those items to court.


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