Will distribution

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Will distribution

My parents Will stated a 50/50 split between me and my sister. I was the caregiver for my mother and father for several years before they passed on. After my mother passed, a meeting took place between my sister and myself she told me that I was responsible for saving the house because both would have needed full-time care and housing for at least the 4 previous years. She said,

Asked on January 3, 2019 under Estate Planning, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't change how the money was distributed from the will, because the will has to be distributed as per how it was written.
However, you could potentially sue your sister to try to get money from her. You would sue her for breach of contract, or violation of an oral agreement between the two of you that you would do most of the work in cleaning out the house, prepping it for sale, etc., in exchange for which she would pay you the agreed upon portion of the proceeds of the home. If you could convince a court--which may be difficult, if there was nothing in writing between the two of you--that the two of you had an agreement that you'd be paid for doing the work, a court could order her to pay you.


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