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Mom died w/out a will, bro. bought her home for fraction of worth, two kids got nada

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9046

Junior Member
What is the name of your state (only U.S. law)? Maryland

My mom’s home and property is valued at $414,850.00. She died on Jan. 5, 2010 without leaving a will. My mom had five living children including myself. Shortly before Mom’s death, on Oct. 21, 2009, my brother came up from FL (the rest of us live in MD, where the property is located) and purchased the house and 17.5 acres of property for $50,000. The arrangement was that he would take our mom to FL to live with him (she needed round-the-clock care) after the holidays. But mom died before she could move to FL.

My other brother and I did not agree to or sign any contracts regarding the sale of the house nor did we want our mom to move to FL. In fact, my brother wanted our mom to live with him in the town my mom lived in. He has a spacious home and a wife who stays at home. The sale and subsequent living arrangement was made by my two sisters and my eldest brother.

My mom wanted her estate divided equally amongst her children. She made that very clear to all of us years ago. When she signed the sale contract my mom had suffered from Parkinson’s disease for many years and had very diminished mental faculties. My question is do my brother and I have any legal recourse to obtaining our share (1/5 respectively) of the value of the estate? We don’t want the house or land but we’d like our brother to buy us out. Thank you for your help.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
My mom wanted her estate divided equally amongst her children. She made that very clear to all of us years ago
.as they say; actions speak louder than words. What is on paper rules.

unless you can prove that mom was mentally incompetent, it is what it is.

so, time to find a lawyer that can look at the facts of the case and go from there.
 

Dandy Don

Senior Member
Whose name was title in when the home was sold? If it was solely in her name, then she had the right to do whatever she wanted to with it before she died.

If there was no will stating her wishes that "mom wanted her estate divided equally", then you have no legal grounds to think that you are entitled to 1/5th of it.

This looks more like elderly financial abuse. Do you know whether she granted power of attorney to anyone before she died? A family law attorney can help you figure out whether you have valid legal grounds to bring an elderly financial abuse lawsuit, or research whether there is any law in your state that would help determine if the price paid was unreasonable or illegal, or not.
 

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