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Does a Will supercede any verbal agreements.

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DLB1961

Junior Member
Minnesota

Good day,

My Mother passed on in January, and her assets such as the house were deeded to myself, and my Sister who is my only sibling.
She lives in Illinois, and it fell upon me to handle the settling of the estate.
Paying the bills, arranging the estate sale, Insurance, etc.

The house which is shared equally by myself and my Sister has a sale pending. I found an investor who has agreed to purchase the property with the intent of renovating it and then selling.
The sale price is a discounted price, but considering the housing market these days, and the work needed to update the house I feel it is best for both of us to accept his offer and get this all behind us. Let someone else assume the risk.
It took some talking, but my Sister agreed to the sale with the caveat that I pay all fees associated with closing etc. Being at my absolute wits end I verbally agreed. "Fine! let's just get it over with and out of my life!"
Somehow during this emotional time, I lost sight of the fact that Mom always had Wills drawn up that dictated that all property was to be divided equally between us. I believe my Sister too has not given the Will any thought.

I was reminded of the Will by my Wife before we left to sign the purchase agreement with the buyer's of the house.
Holy cow, that's right! How could I have glossed over that fact that their is a Will? The last few months have been an emotional wringer.
I went into the estate files, found it and it clearly states that all property, assets etc. are to be given to the both of us, "Share and share alike"

I signed my side of the purchase agreement last night with the buyer which states all closing costs will be paid equally from the proceeds my Sister and myself receive from the sale. Just as the Will would dictate.

Once my Sister, who again lives in Illinois receives the documents and reviews them she may take issue with paying her share of the closing costs and balk at signing them. I am hoping that reminding her that we have a legal document (the Will) we have to abide by will solve any issues.

So, even though things may have been said by both of us during the stress of agreeing to sell the house, it is my thought the Will supersedes any and all verbal agreements outside of it.
Correct?

Thanks in advance.
 


Zigner

Senior Member, Non-Attorney
Seems to me that YOU agreed, in a separate agreement, to be responsible for your sisters portion of the closing cost.
 

tranquility

Senior Member
I agree with Zigner. In a separate contract you agreed to pay the closing costs and sister agreed to allow the sale.

Your only other option, if you wanted to sell the house and sister did not want to, was to initiate a partition suit in the probate court before distribution or in regular court after the property was distributed.

Paying closing costs will cost YOU less in the long run. Even if the estate paid attorney fees and then split the difference with your sister, the cost would be far more than the closing costs alone will be. True, sister makes out way better in this contract than if you had to go to court to partition, but, she didn't want to sell the house.
 

anteater

Senior Member
My Mother passed on in January, and her assets such as the house were deeded to myself, and my Sister who is my only sibling.
What exactly does this mean? Are you saying that probate was concluded and ownership of the house was transferred to you and your sister?

If so, I would say that the terms of the will have already been followed and the will is now irrelevant.


ADDED:
Hmmm... interesting.
The past several months I have been in the process of preparing to sell my late Mother's house. I own it free and clear.
https://forum.freeadvice.com/buying-selling-home-40/am-i-obligated-pay-finders-fee-realtor-i-have-no-contract-551446.html
 
Last edited:

curb1

Senior Member
I'm guessing that there was no probate and they are having a do-it-yourself settlement.

DLB1961, when did this "deeding" take place?
 

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