Uncle wants half

[Listening]

What is the name of your state? MA

Father died in 99, unmarried and I'm only child.
Signed paperwork for Uncle to handle estate as Administrator, father
died intestate.
2003 I contact Uncle telling him I would like to take over the duty, he
never hired attorney and things were not progressing.
I was then contacted by an attorney he hired to represent himself, suddenly learned he wanted half of the property. (house&land) so...
hired my own attorney.
My attorney suggested a united front, made uncle a couple offers, he denied.
Wants half of property and his out of pocket expenses.
Now, he is in the process of stepping down as Admin. and I will be appointed.
Uncle believes he deserves half because his parents, my grandparents built the house, however, in 1990 the Deed was changed from him and my dad as co-owners to just my father. Uncle claims it was so father could aquire equity loan and he never signed away his half knowingly. ??? There is no paperwork to support this claim.
What do you think?
Also, if I am required to pay him his out of pocket expenses and fee for the period of time he poorly administered the state, if I don't have this kind of cash on hand...what are my options other than selling the property? After my name is on the deed I can use property as collateral for loan...but, if I have to pay his claim before this can happen then...what do I do?? I want to keep the property???

 

[Dandy Don]

You and your attorneys will need to do some research to find out whether or not uncle's claim for half is true or not.

Look at your grandparents' probate file to see if there is any mention of the specific property (land and/or house)--it would seem that if probate was done on them, then his name should have been added to the deed if he was a legal heir. If probate was not done, then probate may need to be done now to accomplish that.

Regarding the deed change in 1990 that added your dad's name as co-owner, was this change done before the grandparents' death or after? Your attorneys will need to look at this transaction to see if it was done properly or not.

A probate attorney and a real estate attorney should be able to help you figure things out.

DANDY DON IN OKLAHOMA ([email protected])

 

[BelizeBreeze]

Tell Uncle to "Bite Rocks". While he does have a claim for expenses incurred under state statutes for performing his duties as administrator of the estate, he is also required to document those expenses.

So, your attorney should be requiring that documentation before making any offers.