my question is can i do something to prevent my brother and sister of getting their full half of the estate. I want them to have some but not all.

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my question is can i do something to prevent my brother and sister of getting their full half of the estate. I want them to have some but not all.

My father passed away Dec 23 2008. My mother passed away when i was 6 years old. Im now 24. I have a brother and sister who are younger then me. Sister is 19, Brother is 21. My fathers split everything 3 ways in his will but that was written in 1993. We are now selling my fathers house. My problem is that im the one doing all the work to renovate and to get it up for sale, plus sale all the vehicles he owned and the boats. We all got life insurance money from my fathers passed away. Im the only one spending all my money on fixing the house and missing work to deal with contractors

Asked on June 5, 2009 under Estate Planning, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I hope you have gotten the will into probate, and that you are the executor under the will.  If not, I think you need to do that.  Whether or not you have done that, I think you need to talk to a wills and estates lawyer in your area, get a review of the will and all of the facts, so that you can have advice you can rely on.  You should certainly be able to get some of what you're looking for, at least.

I'm not a New York lawyer, and things can differ a bit from one state to another.  But usually, if you put your own money into the estate's property, as you have by fixing up the house to sell it, you can get that money back, if you have it documented and it was reasonably necessary or appropriate, from the proceeds of sale -- and then, what's left, after all of the costs of sale are paid, is what gets divided three ways.

Your father's will might also allow you to have an executor's commission, which is usually a percentage of the net value of the estate, and that would probably be the only compensation you could get for your time and inconvenience in making all the arrangements.  Again, this would be separate, and essentially your brothers would be paying you 2/3 of that.


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