My grandmother's will

[SteffanieJ]

My grandmother recently passed away and had made me her personal representative. The will states:

I give all of the rest, residue, and remainder of my property, wether real, personal, or mixed, and wherever situated, together with any property over which I may have power of appointment, to my five children, as followes: I give my home to them, share and share alike. I direct them to sell all of my personal property, including all of the furniture and furnishings of my home; I give 10% of the proceeds, plus 10% of any other moneys in my estate, to the person who serves as Personal Representative of my estate.

My aunt is trying to tell me that the house is not included in the estate part that I would get 10% of. Is that the case, or is the house part of that part of the will?

My grandmother lived in Utah, I am currently living in Atlanta, GA and am only here for two weeks. Please help me.

Thank You,

Steffanie

 

[I AM ALWAYS LIABLE]

My response:

It would appear, from what you have written, that your aunt is correct - - that your grandmother wants the house sold and the proceeds to be split among 5 people - "share and share alike." Simply, that means that each person shall receive the same amount, and no bonus money - - because that would mean that one person, you, would get more money than the others.

Then, Grandma also wants all personal property within the house to be sold, and then you as the personal representative get your share of the proceeds, plus the 10% bonus for being the Representative, and 10% of any "OTHER MONEY" in her Estate. Since the house division was already defined as "share and share alike", then "other money" must mean something OTHER THAN the house.

The house is NOT included in the 10% bonus.

However, unless someone files for Probate of Grandma's Estate, no one will be able to sell or buy the home. You need to obtain court orders concerning the Real Property; i.e., the house.

Good luck to you, and you're welcome.

IAAL

[Edited by I AM ALWAYS LIABLE on 07-08-2001 at 02:24 AM]