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Estate law

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FloJo42

Junior Member
What is the name of your state? Pennsylvania

My mother in law passed away and left a will , which my husband is executor, splitting assets with his brother. We have decided to buy the house, fix it up and rent it, and give my brother in law his half. My brother in law decided that he doesn't want the money, he wants in on the rental property. What do we do? My brother in law does not work, and besides what he gets from the estate he has no money. Do we have to include him in the rental deal, since we are getting the mortgage in our names, or does he have every right to go into this with us.
 


FloJo42

Junior Member
FloJo42 said:
What is the name of your state? Pennsylvania

My mother in law passed away and left a will , which my husband is executor, splitting assets with his brother. We have decided to buy the house, fix it up and rent it, and give my brother in law his half. My brother in law decided that he doesn't want the money, he wants in on the rental property. What do we do? My brother in law does not work, and besides what he gets from the estate he has no money. Do we have to include him in the rental deal, since we are getting the mortgage in our names, or does he have every right to go into this with us. Or should we just sell the house and split the assests to avoid aggravation?
 

BelizeBreeze

Senior Member
If you get the property in your name alone (or I should say, your husband's name) then you will be committing fraud.

Your brother-in-law is legally entitled to share in the home, regardless of how it is done, i.e., as rental property or sale.

If you want to own the home outright either buy him out or file partition for sale.
 

FloJo42

Junior Member
I understand we have to buy him out. We want to buy the house and give him his share, but, he wants us to keep his share and assist with renting the property. We don't want him to, If we buy the house we don't want him involved. I never said I wasn't giving him his share of the money. He is an alcoholic and drug abuser, so it is becoming a problem!!!
 

BelizeBreeze

Senior Member
Then file the damn partition suit. Because he has every right to share in the home, regardless of what you want and until a judge says different.

Being the executor doesn't mean hubby gets to decide HOW to perform his duties. And right now the home is owned by both brothers. PERIOD.

Your only option is to file for partition.

Am I making myself clear now?
 

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