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lamb888

Junior Member
What is the name of your state (only U.S. law)? NJ
My mother passed away 2 years ago, and I have 3 older sisters. The will stated a 4 way split, and we each had the chance to either keep a house, or, take cash after they where sold. Altogether, there where 4 homes, one vacant lot. 2 of my sisters decided to keep a home, and my oldest sister and I decided to take all cash.
We are coming to the end of the journey, waiting for the last of the houses to close.
NOW, one sister decides that she should get her home at a much less amount, than it was appraised at at the time of my mothers death! She wants CASH, to go along with it.

Could someone please tell me if she can do this? It was already decided, at the time of my mothers death, after we probated the will!
She is not the Executrix, doesn't she have to stick with the original deal?

~Confussed in NJ~
 


anteater

Senior Member
Ye gads, this is still going on? I pity the executrix. Wasn't this sister trying the same ploy a long time ago?

This is opinion only. Unless the agreement was in writing, I would think that the sister has the right to challenge the distribution.

Of course, the executrix can stand firm and allow the dissenting squibbling to take it before the court.
 
Last edited:

rowz

Member
I believe that the exec would be required to stand pat on the valuation of the home as the date of death.

I also believe [though it might not be correct according to the law] that she could be correct in demand an assessment of valuation based on when she took title/when the house was deeded to her.

Let the squibbling demand her "change" in court.
 

Farfalla

Member
In much of the country today.... houses are worth a lot less than they were 2 years ago.

I can understand someone not wanting to buy a home for more than it's current value..... is she wanting to now buy it for today's market price instead of an inflated one from 2 years ago?

If that's the case... its reasonable.
 

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