• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Brothers want reimbursement for work done on late-father's house

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

LawSeeker

Guest
What is the name of your state? VA

My father passed away early 2004 and left me his house and building. I have 2 brothers now who want about $9,000 each for the work they did on his house and building, dating from 1990 to 2003.

At the time they did this work they charged nothing & told my father that he owed them nothing. Now they are taking me into court over this and wanting me to pay them the money. They say that the reason they didn't charge him anything was because they thought they would get a part of his house after he died.

I am wondering if they will win their case?
 


BL

Senior Member
And what made them think they would get part of it ?
Did your late father tell them they would ?
What kind of work was done ?
Was there any materials bought , and if so who paid for them?
If they paid for them ,have they got receipts.

Was the Estate left to you in a will ?
 
L

LawSeeker

Guest
Blonde Lebinese said:
And what made them think they would get part of it ?
Did your late father tell them they would ?
What kind of work was done ?
Was there any materials bought , and if so who paid for them?
If they paid for them ,have they got receipts.

Was the Estate left to you in a will ?
They thought they would get part of it because my father's will originally read that 2 of the children would buy the other two out (I also have 1 sister). But my father had it changed at the first of the year.

Some of the work that was done include:

Remodeling a kitchen
Buying/Installing ceiling fans
Installing a shower
Hooking up a water line from the water meter to the house
Various electrical work
Putting a handicap ramp on the front porch

For the remodeling of the kitchen, my brothers bought 0% of the materials but did the remodeling. For other work they claim that my father bought some of the materials and they bought some.

They want money for materials and for the hours they worked.

I do not know if they have the original receipts. They may have some, but I don't believe they have all of them. I mostly assume they just have estimations.

Yes, some of the estate was left to me in his will. My father had a house, a building, the land where the house sat on, and another piece of land down from his house.

I got the house and furnishings, building, and the land where the house sat on. My sister got the piece of land down below his house. But the vehicles he had, the bee stands he had, and the insurance money is to be divided equally between all 4 of us.

My father left me what he did because I didn't own a house and my sister got what she did because her home sat on that additional piece of land he owned. My brothers did not get the land, house, etc. because they owned their own homes and land.

I don't have this in writing, but when my father had this work done he would ask my brothers what he owed them. They said "nothing." And now (as you already know) they said "nothing" because they thought they would get a part of his estate - which they did get a part of the estate, but not as much as what they thought & were wanting. They thought that they were going to be the two children who bought out the other two's part of the estate.

This is just additional info and probably irrelevant, but I believe the reason why their totals come to $9,000 each is because his estate was roughly worth $36,000 and that's ($9k each) what they would've gotten if the will had not been changed.

Also, about the installation of the shower - my brother installed it in my father's building so that he could have a place to stay when he came in (he would also put a bed in the building). My father did not request that it be done, my brother wanted it done and so he installed it.
 
Last edited:

JETX

Senior Member
LawSeeker said:
At the time they did this work they charged nothing & told my father that he owed them nothing. Now they are taking me into court over this and wanting me to pay them the money. They say that the reason they didn't charge him anything was because they thought they would get a part of his house after he died.

I am wondering if they will win their case?
The response by Blonde Lebinese is not correct.... or required. The type of work, whether they have receipts, who paid for materials, etc. is NOT relevant to your question.... or the answer.

The real answer is..... no one can answer whether they will win or not.

If they can show the court that they had a contract (verbal or written) to be compensated, either in money or benefit in the property, for their work they will likely have a good case.
If you can show that there was no agreement or expectation of benefit, they probably won't.

It appears from your post that they are trying to use this claim to circumvent the wishes of your father in his will.
 
L

LawSeeker

Guest
JETX said:
The response by Blonde Lebinese is not correct.... or required. The type of work, whether they have receipts, who paid for materials, etc. is NOT relevant to your question.... or the answer.

The real answer is..... no one can answer whether they will win or not.

If they can show the court that they had a contract (verbal or written) to be compensated, either in money or benefit in the property, for their work they will likely have a good case.
If you can show that there was no agreement or expectation of benefit, they probably won't.

It appears from your post that they are trying to use this claim to circumvent the wishes of your father in his will.
The only contract that they had was a comment that he says my father made to him. One of my brothers says that my father said to him "Part of it will be yours someday."

He didn't have any witnesses but at the time my brother says my father made that comment was before the original will was done away with and the new one drawn up. There were no witnesses to this, it was a conversation that took place between he and my father.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top