will

[Lynnvidetto]

my mother died in sept. leaving her house & property to be sold and divided among 4 of us......my brother & sister got 1/3 each and then my oldest daugher and I are to get 1/6 each......which I didn't think it was fair for her to single out 1 grandchild and not the others.....but oh well.....she did this will change only 4 months after my dad had died....which just leads me to believe that since she was left in a situation of living alone, and my daughter lived with her that she didnt want her to worrry about where she would go when she died....I know this would probably be more trouble then it would be worth to contest that part.....so hopefully she will remember her brother & sister.....since I would have given them all money equally....but any way.....her house has a free and clear title and is up for sale.....my brother and sister wanted to lower price of house real cheap to sell it.....he is execuator of estate......can they do this without our okay.....and also they both removed most of the possessions in house and gave them to people outside of will and immediate family before we were given option to get any of these items.....can we get compansation for these things.....also......main question.....my daughter would like to purchase a mobile home......and I need to get a car badly......can we get a home equity against house from our share only......to be paid off at sale of house....it would be about $10,000 between us......and house is valued at $120,000 with property and is up for sale now at 99,000.....the property is in Williamstown, NJ

 

[ALawyer]

Contesting a Will is not easy, and you'd likely lose.

The Executor is the person in control, and absent an abuse of his or her discretion or improper self dealing, you'd be out of luck. As for putting the house up at a low price to sell it, it is both a judgment cal and a matter of proof. If it was offered for $20k less than fair market value it should have sold immediately. Only if he bought it for himeslf or a family member would there be a cause to complain.

No executor in his or her right mind would put on a home equity loan simply to accelerate a distribution to some beneficiaries of their share in this circumstance.