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entitled to share proceeds of land sale?

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justalayman

Senior Member
He DID want it. He wanted it so that he could sell it! :rolleyes:[/QUOTE

But the Will stipulates that the Executor sell it, which seems to imply something besides the usual "for sale by owner."
Apparently nobody is going to be able to convince you you have no claim so, get out your wallet and head on down to the office of the attorney of your choice and have them explain it to you.
 


Zigner

Senior Member, Non-Attorney
I don't know what you mean by "far more specific." The language addresses the scenario where the brother "doesn't want" the property, and what to do in that case, in a way that would seem to go BEYOND the usual specifics of a Will.
I'll try one more time. He WANTED the property. The will doesn't dictate what he has to want it for. He wanted it in order to sell it. The will doesn't disallow that.
 

anteater

Senior Member
You never did answer this question: Has administration of the estate been concluded and probate closed?

And where exactly is this $1,000?


I think that you grasp the consensus here. But you are free to consult with a local attorney.
 

user163127

Junior Member
Your question is moot. He DID want it. He took title to it, then he sold it.
If you called him on the phone right now and asked him about it, he would say "yea, I sold it cuz I didn't want it."

Ergo, he DIDN'T WANT IT. Accepting the land in order to sell it, is not the same as wanting it such that he might build a house on it, they are two different things.

If I want you to have something of value, and you're a close personal friend, and I offer it to you, it's because I want you to own it and no one else, and if you accept it, you would be violating our friendship if you just turned around and sold the thing - it would also be true that you didn't want it, in which case it would be a lie if you said you did. It seems, in the same way, that my brother's acceptance of the property was under false pretenses, the pretense that he "wanted" it when in fact he didn't, otherwise he wouldn't have sold it and certainly not as quickly as he did.
 

tranquility

Senior Member
What does it mean to "want" something? Does it mean you cannot sell the thing if you "want" the money more? Does it mean that you don't want something if you want to give it to your heirs at some future date? Does it mean you must live on the property or pay the taxes on it or not use it as security for a loan you never intend paying back? It can mean almost anything. Heck, can one "want" something when they die? From such a formulation, it seems there was nothing more than a life estate created and there never should have been a transfer of title in the first place.

The OP is trying to create what is known as a "possibility of reverter" from the wording of the will into the estate. He is welcome to go to google scholar and search for the term in the 42 cases that come up to see if he can make any one of them fit what he thinks should happen. He will find there are many problems and complications to such a claim on such an imprecise wording as used in the will. (As to if there could solely be a possibility of reverter in the OP's formulation, I will leave it to others more integrated with the difference between a fee simple determinable and a fee simple subject to a condition subsequent. Latigo perhaps?)
 

justalayman

Senior Member
If you called him on the phone right now and asked him about it, he would say "yea, I sold it cuz I didn't want it."

Ergo, he DIDN'T WANT IT. Accepting the land in order to sell it, is not the same as wanting it such that he might build a house on it, they are two different things.

If I want you to have something of value, and you're a close personal friend, and I offer it to you, it's because I want you to own it and no one else, and if you accept it, you would be violating our friendship if you just turned around and sold the thing - it would also be true that you didn't want it, in which case it would be a lie if you said you did. It seems, in the same way, that my brother's acceptance of the property was under false pretenses, the pretense that he "wanted" it when in fact he didn't, otherwise he wouldn't have sold it and certainly not as quickly as he did.



I WANT everybody to give me everything they own. Now, I'm going to sell most of it after they give it to me but I WANT it so I can do that.

So, does that mean I don't want everybody to give me everything they own? Of course not. I still want it all and since there is no restriction on what I do with it after they give it all to me, I can do anything I WANT with it after they give it to me.

get it?
 

Eekamouse

Senior Member
It seems pretty obvious that the person who left it to him didn't want you to have it or they would have left it to you. Oh well.
 

user163127

Junior Member
You can "want to keep it," and you can "want to sell it." It seems the nuance is significant. "Want to keep it" means you will KEEP the land "in the family," as some families own land for generations, and USE it in some way, if only to gaze upon in admiration. When my aunt willed the small piece of land in question to my brother, it wasn't for him to act as a real estate agent to sell the property, but that he might treat it as something with ongoing value as a piece of land and without being converted into money. By selling it as quickly as he did, he clearly "wanted to sell it", as opposed to "wanted to keep it" as suggested by the Will.

I think my aunt's intent was that if my brother didn't want the land, that it should be sold and the proceeds divided among the nieces and nephews (who are my siblings), which is how she divided everything else up, according to her "share and share alike" philosophy which appears directly in her Will.

Why did she add the extra language regarding "if he wants it" or that it should be sold "by the executors" if she wanted my brother to just have the land outright? She didn't add this extra language to other "large" items she willed to my other siblings, just the parcel of land. She willed an old car to another brother, but without the extra legalese, the same for "household furnishings" she willed my 2 sisters (what one might find in the apartment of an 82 year old woman). But she added the extra language regarding "if he doesn't want it" to the land. Why? The Will is carefully typed out and appears to have been written by a lawyer, so all the language in the Will should be considered legitimate and proper.

If my brother had used the land in some way, for a few years, then sold it, that would be different - but this would be basically impossible since he lives in California and so probably put the land on the market immediately upon receiving it, as one might expect him to do since the land in question is forested and the area very rural and not near any major cities - my brother and his family are successful LA suburbanites and the tiny piece of forested land in question, in the Pa countryside, would be of no interest to him whatsoever, nor even if he lived within a few miles of the parcel of land. So his intent to sell the land, and to sell it right away, can be surmised, and can easily be interpreted to mean that he "didn't want it" despite the fact that he went through the legal process of putting it in his name first. Certainly it can be said that if he was given a choice of "do you want the land or do you want its cash value" he would have chosen the cash value, which means, again, that he "didn't want the land" in the way that my deceased aunt intended, about which I have no doubts.
 

Eekamouse

Senior Member
Good luck taking him to court over this. I'm sure it'll turn out just the way you want it to. No, wait, no it won't. Perhaps if your aunt had spelled everything out exactly as you think it should be done, you might have a case but she didn't. She willed the land to him. It was his to do as he pleased.
 

user163127

Junior Member
It seems pretty obvious that the person who left it to him didn't want you to have it or they would have left it to you. Oh well.
My aunt remembered me and all my siblings in the will, we were her favorites. She gave nothing to her friends or cousins as well she might have. I called her to wish her a happy birthday once and I discovered later she transferred $1,000 to a joint account she held with me days later. I may have been the recipient of the largest share of her modest estate, and it's out of respect for her that I'm pursuing this. It seems my brother, as executor, should at least tell me he sold the property so that I might claim the $1,000 still in escrow. We email somewhat regularly, moreso the last few weeks. Don't you think he would have told me? Or that the lawyer he used would have contacted me?
 

Proserpina

Senior Member
My aunt remembered me and all my siblings in the will, we were her favorites. She gave nothing to her friends or cousins as well she might have. I called her to wish her a happy birthday once and I discovered later she transferred $1,000 to a joint account she held with me days later. I may have been the recipient of the largest share of her modest estate, and it's out of respect for her that I'm pursuing this. It seems my brother, as executor, should at least tell me he sold the property so that I might claim the $1,000 still in escrow. We email somewhat regularly, moreso the last few weeks. Don't you think he would have told me? Or that the lawyer he used would have contacted me?

You really don't need to be guessing your Aunt's intention.

Really.

You have absolutely no idea what she was thinking at the time. It's possible that there was a solid rolling of eyes and a muttered "Okay fine...give the little snots $1000 each or something just to shut them up".
 

user163127

Junior Member
And when?

You've avoided this question several times. Please answer.
Probate closed over a year ago.

If you're thinking my brother's role as executor has ended, that still leaves the matter of the $1,000 in escrow. Neither the executor or his legal advisors game me any deadlines or warnings about forfeiting the $1,000. In fact, if my brother somehow got back the $1,000 that he put in escrow for me, it seems it now can be said that he has failed to satisfy the condition regarding paying each of his siblings $1,000 in order to have ever received the land. Especially because I explained to him, in his role as executor, why I was declining the $1,000, and for which the escrow was established. I told him at the time, "in case you ever sell the property, and there is the potential I may share in the proceeds, I want to keep that option open."
 

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