Questions about will

[lsk]

What is the name of your state (only U.S. law)? Missouri

My mother passed a way a year ago. She left a will leaving everything equally to my brothe and me. He is the exceitor of the estate. He is refusung to sell the house since he wants to buy it. Unfortunatly he doesn't want to pay a fair price for it. What are my options?

 

[anteater]

Petition the court for an order that he sell.

 

[curb1]

What do you understand as the "fair price"? Agree to have the property appraised and to use that value as the price he will pay for the house. The two of you then can split the proceeds from the house.

 

[TrustUser]

perhaps you could offer to buy the house at that same price

 

[nextwife]

Maybe you could talk him into listing it with he getting a Right of First Refusal allowing him the opportunity to match the highest and best offer (presuming he ready and able to pay half of that price to you)?

 

[lsk]

Thank you all for the ideas. I'm going to talk to him about the first right of refusal. He has already told me that he thinks real estate agents are a rip off and he refuses to pay an apaisal because he thinks they are just going to jack up the price. I know the house needs work but it is worth more then 50,000.00 that he offered me. Houses in the nieghborhood sell for the mid $250,000.00 If I get a lawyer to petition the court is that something that could be paid for from her estate? Only asking because he put everything in his name and I do not have access to any of the money. He is also paying for the up keep of the house from the money she left us.

 

[curb1]

What is the assessed value of the house for tax purposes (on the tax statement)? Is the real market value listed on the property tax statement? This isn't always close but it might give you a starting point. I agree with your brother that it would be senseless to go through a real estate agent if you two could settle on a price.

Again not always accurate, but what does zillow.com have for the value of the house? Another starting point.

 

[Kiawah]

Why don't you just go hire an appraiser yourself, to get a legitimate starting point of it's value. Not a real estate agent, a legitimate appraisal company.

 

[divona2000]

...My mother passed a way a year ago. She left a will leaving everything equally to my brothe and me...

...he put everything in his name and I do not have access to any of the money...

Brother put all of the estate into his own name, even the house?
When did you find out he had done this?

 

[lsk]

He changed the house and bank accounts a while back. Just recently found out. My Mom did nominate my brother as a personal representative. Which he feels he has toral control over everything. I really don't wish to fight with him I just want my fair share. He slao took her car. Does he owe me for half of the value of the car also? If I wanted could I move in to the house with out his permission?

 

[curb1]

Did he "change" the house and bank accounts before your mother passed? Were these "changes" accepted by your mother?

 

[anteater]

There is virtue in conciseness. But you are going overboard. And this last post raises even more questions.

I'm sorry if I am re-asking divona2000's questions. But I am asking that you be clear about this.

He changed the house and bank accounts a while back.

When? Before or after your mother passed away? "Changed them" to what?

My Mom did nominate my brother as a personal representative. Which he feels he has toral control over everything.

Nomination means just that - nomination. It does not give him any legal authority until the will is submitted and accepted as valid for probate and the court appoints him as the estate's personal representative.

Has the will been admitted to probate? Has he been appointed by the court?

I really don't wish to fight with him I just want my fair share.

If you are saying that the will was never submitted to the court and your brother just went and changed ownership of your mother's assets, you have major problems and need to retain your own attorney. If you don't "want to fight with him," then you are going to be subject to his tender (or not-so-tender) mercies.

 

[nextwife]

Get an attorney! He is not meeting his fiduciary responsibility to all the estate beneficiaries, and transferring property to himself alone, based upon you being equal co recipients is an aduse of duty. Has he payed the creditors, submitted an inventory?

 

[lsk]

He changed things after she had passed. I don't think he ever submitted anything to a court. I might be wrong. I do know that the few bills that needed to be paid were. Other than those everything was paid for. I do have a copy of the will. Do I need an real estate att. or any att? I am really at a loss as to what to do...

 

[lsk]

Sorry he transferred everything to his name. Again after my Mom passed. She wanted eveything divided equally between us. I do not have access to bank accounts, jewerly, or even yhe house.