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What is a fair split?

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mountainhiker

Junior Member
What is the name of your state? California

My brother, sister and I will be meeting to go through our father’s will. He is still alive but has some dementia and is unable to help clarify some points that are unclear. He and our mother, who died a few years ago, both expressed their estate will be divided three ways between us three siblings.

The question I have is how do we equally divide one of the houses that our sister and her family are living in. Our parents needed to move out of that house and relocate to another area because of health problems. My sister and her family moved into this house about 15 years ago. They did not purchase the house from our parents but have made improvements. Do we figure the house’s value on when our parents moved out (figuring in the cost of improvements) or when our father passes away? The house’s value has more than doubled these 15 years.

My siblings and I have a good relationship and want to do what is fair. We will be meeting to discuss this issue and others that are unclear in our dad’s will. We would like to lay everything out and discuss these concerns before our father’s death when things will be more emotional.

Thank you for your help.
 


HandyAndyGuy

Junior Member
I think your sister should buy the house from the estate at its current (when your father dies) value. She should get credit for the current value of those improvements she made.

Another point is: Has she paid rent for 15 years? If not, she has received a big benefit (free housing) that you brothers have not received.
 

nextwife

Senior Member
I think your sister should buy the house from the estate at its current (when your father dies) value. She should get credit for the current value of those improvements she made.

Another point is: Has she paid rent for 15 years? If not, she has received a big benefit (free housing) that you brothers have not received.
Excellent point. Her repairs in exchange for FREE use of the house is quite fair. The rent she didn't pay could have gone back into dad's estate. The rest of you presumably had to pay to live wherever YOU were living?
 
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