Two of the four beneficiaries received nothing from the property

[Simonk]

What is the name of your state (only U.S. law)? Washington State
My mom's will has myself, my brother and two sisters as beneficiaries. My brother is executor. There was a lien on the house from Medicaid for medical bills. It's a very small town and the house was worth $40,000. The lien was for $23,442. My brother and oldest sister bought the house, paying $15,000 for it. The attorney who did my mom's will got the Medicaid bill reduced to $10,782. So my brother used that money he bought the house with to pay for that. Then sold the house for $40,000. He and my oldest sister kept all the proceeds from the sale of the house. I told my brother he and my sister needed to buy out myself and my other sister's shares in the property. He can't just take the house and sell it without giving us our share can he? He says since it had a lien on it it was no longer an inheritable item. I don't believe that to be true. It isn't as though the estate was insolvent. I'm I right or is he? It seems to me if you can sell the house for $40,000 and the debt is less then we each should be getting an equal share of what is left no matter how it is done. How to I get him to understand this without suing him. Help!

 

[Zigner]

How to I get him to understand this without suing him.

It's obvious that you can't get him to understand it. It may be time to get an attorney involved to help explain things to him...or you (as the case may be.)

 

[Dandy Don]

Hopefully the will WAS probated at the county courthouse probate court. Was the home listed as an estate asset? Are you aware of how much total debt the estate was liable for? If you have not already done so, you and/or your attorney need to look at all documents in the probate file to make sure you have a complete understanding of exactly what has occurred with this estate and to determine whether or not you have a basis to pursue a claim for payment.

Your attorney may be able to send your brother a letter warning him that he will face legal charges if he does not compensate all heirs for the amount that is due and payable to them that hasn't yet been paid and if he is smart he will avoid a lawsuit.

 

[Simonk]

Hopefully the will WAS probated at the county courthouse probate court. Was the home listed as an estate asset? Are you aware of how much total debt the estate was liable for? If you have not already done so, you and/or your attorney need to look at all documents in the probate file to make sure you have a complete understanding of exactly what has occurred with this estate and to determine whether or not you have a basis to pursue a claim for payment.

Your attorney may be able to send your brother a letter warning him that he will face legal charges if he does not compensate all heirs for the amount that is due and payable to them that hasn't yet been paid and if he is smart he will avoid a lawsuit.

There was a an inventory of property (Inventory and Oath) in the probate file, but everything listed including the property had no value listed to it. Under Fair Market value they are all blank. What the heck? I noticed that and didn't understand why but now that you are asking, what does that mean? And the attorney, who did the will, put his stamp on it. I have all the documentation for the Medicaid bill. It was originally $23,442, then my bother bought the house for $15.000 and the attorney got the bill reduced to $10,758. It is obvious to me that he bought the house instead of just selling it to get that bill reduced. Then he put a few upgrades in it and sold it for 3 times what he paid for it. My sister and I saw nothing. He is trying to say because it had a lien it was no longer an inheritable item. Bull! It had net value. If he would've just sold it, paid that bill in full, we all would've gotten a split of what remained. Right!? So because he decided to buy it himself, doesn't he have to pay my sister and I Fair Market Value of the property less the debts, divided by the 4 of us? Thank you for your replies!!

 

[Dandy Don]

Your argument is reasonable, but right now you don't know all of the facts surrounding the circumstances of the sale of the house. You don't know if he actually put up the house for sale via a listing service where other people/buyers could know about it, whether he even received other offers for the house, or whether the fact that there was a lien on it may have turned off any potential buyers because the lien may have been required to have been paid first or whether he conducted the sale correctly and legally. Your attorney will be able to figure out all of the facts here of what actually happened and then pursue your case.

 

[Simonk]

Your argument is reasonable, but right now you don't know all of the facts surrounding the circumstances of the sale of the house. You don't know if he actually put up the house for sale via a listing service where other people/buyers could know about it, whether he even received other offers for the house, or whether the fact that there was a lien on it may have turned off any potential buyers because the lien may have been required to have been paid first or whether he conducted the sale correctly and legally. Your attorney will be able to figure out all of the facts here of what actually happened and then pursue your case.

Okay, that's true. Alright, thanks for the advice. Much appreciation.