Estate Feud

[cfknight]

What is the name of your state? kentucky
My family moved in my father-in-laws house to help him go through cancer treatments 2 years ago. Well he passed. All in agreement ,My wife was sapposed to take the house. Well shortly after the passing Her BROTHER decided he wanted the house, So we came up with a resonable amount For a payout. Both executers on the estate(wife and her brother) He is paying the current mortgage still in her dads name. But he does not have good enough credit to get the house refinanced there fore my wife has never been payed. There estate attorney is pressuring her into signing the final papers which will give the house to her brother. She refuses because her brother has never payed her. This is having a toll on her. What legally can she do to get her payout?

 

[anteater]

What is the name of your state? kentucky
All in agreement ,My wife was sapposed to take the house.

What does that mean? Is that what FIL's will stated?

What legally can she do to get her payout?

She tells brother and the attorney that she isn't signing anything until she sees some green. End of story. Don't talk to me again on the subject unless there is a certified check to hand over.

If that fails, she petitions the court to put the house on the market to be sold.

 

[cfknight]

What does that mean? Is that what FIL's will stated?



She tells brother and the attorney that she isn't signing anything until she sees some green. End of story. Don't talk to me again on the subject unless there is a certified check to hand over.

If that fails, she petitions the court to put the house on the market to be sold.

Her dad passed very quickly So there was nothing writen down as far as who gets the house, but it was a mutual agreement between the three of them.

So does the house just stay in limbo, if she never gets paid? How long can this go on?Like I said he is making payments, but the house is still in her dads name. You would think this has to eventually be settled.

Now I just found out he is 3months behind in the mortgage, Can they forclose on the house? Or will my wife be notified? We don't want to lose it. Her brother will not talk to us about his financial situation.

 

[anteater]

You will have to pardon me if these questions are elementary, but people often throw terms around loosely. Are the following true?

FIL died without a will.
Your wife and/or brother filed to open probate.
Your wife and her brother were appointed as co-executors by the court.
Your wife and brother hired an attorney to act as the attorney for the estate.
There is not a living spouse and your wife and siblings are FIL's only children.

A few points anyway:
Mutual agreement is not worth anything until someone puts their signature on a legally binding document. The other sister can certainly relinquish her right to the house. Your wife or brother do not have to.

Co-executors are a bad idea.

The attorney should not be pressuring your wife. Presumably, the attorney also works for your wife in her role as co-executor. Maybe it is time for your wife to retain her own attorney.

Not certain what KY probate procedures are, but at some point the probate court will ask what the heck is going on.

Sure, if the lender is not getting paid, the lender can initiate foreclosure.

 

[cfknight]

You will have to pardon me if these questions are elementary, but people often throw terms around loosely. Are the following true?

FIL died without a will.
Your wife and/or brother filed to open probate.
Your wife and her brother were appointed as co-executors by the court.
Your wife and brother hired an attorney to act as the attorney for the estate.
There is not a living spouse and your wife and siblings are FIL's only children.

A few points anyway:
Mutual agreement is not worth anything until someone puts their signature on a legally binding document. The other sister can certainly relinquish her right to the house. Your wife or brother do not have to.

Co-executors are a bad idea.

The attorney should not be pressuring your wife. Presumably, the attorney also works for your wife in her role as co-executor. Maybe it is time for your wife to retain her own attorney.

Not certain what KY probate procedures are, but at some point the probate court will ask what the heck is going on.

Sure, if the lender is not getting paid, the lender can initiate foreclosure.

all are correct except there are only 2 children(my wife and her brother).Each of them got $13000 from life ins. policy. We wouldn't be so angry about the money but it came down to principal. The house was appraised at $80000 there is $60000 owed on it,He wanted a $20000 payout from us(not happening) so we moved out.We only wanted $7000 from him.Well instead of paying her out first he decided to do a complete remodel of the house with the money,not only that but he ran out of money before the job was done so now he owes about $20000 on credit which he cannot pay either because he planed on paying everyone with the refinance of the house! I'm lost in this. Well let me ask you this then.
Are they still legally EQUAL owners of the house?
If he continues to default on the house can we take it over from him?

 

[anteater]

Sorry, I thought that I saw mention of another sister in there.

Are they still legally EQUAL owners of the house?

I don't know. Has the estate executed a deed transferring ownership from FIL's estate to your wife and her brother?

I think that I understand now why the estate attorney is pressuring your wife. He/she wants out of this situation as soon as possible. Your wife needs to be consulting with her own attorney.