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3 years and waiting

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wvguy

Guest
What is the name of your state? WV

My mother past away 3 years ago and my oldest brother is the executor of the will. Her house is the only thing of value that she had. He has yet to do anything about it because he lives in the house rent free with his wife. My other brother doesn't want anything and said for us two to split it. Does this need to go through probate ? I would say the value of the home and lot is between $65,000 - $75,000.
 


Dandy Don

Senior Member
You would need to check with the local county courthouse probate court to find out what the minimum amount of estate value must add up to before probate is required. It is most likely that probate will be required anyway to get the title/deed officially changed to reflect the names of the new heirs.

You also need to be checking with a local probate attorney to find out if it is illegal or improper to have withheld the filing of this will (it is most unlikely that a West Virginia probate attorney would be reading this message board). Brother may or may not be aware of the fact that once probate is completed, if he wants to continue living in the home he will need to pay ("buy out") the other heirs to compensate them for their share of the home, or get the brother who doesn't care about his share to sign a quitclaim deed, or sell the home to someone else and split the proceeds with you. If nothing is done he continues to get a "free ride".
 

I AM ALWAYS LIABLE

Senior Member
wvguy said:
What is the name of your state? WV

My mother past away 3 years ago and my oldest brother is the executor of the will. Her house is the only thing of value that she had. He has yet to do anything about it because he lives in the house rent free with his wife. My other brother doesn't want anything and said for us two to split it. Does this need to go through probate ? I would say the value of the home and lot is between $65,000 - $75,000.

My response:

First of all, and despite what the Will says, your brother IS NOT the "Executor" of your mother's Will UNTIL a court says he's the "Executor".

Now, there's the issue of your oldest brother having control of the Will, and the fact that he hasn't had the Will admitted into Probate. And, the reason for that is because he's living in the house - - "Her house is the only thing of value that she had. He has yet to do anything about it because he lives in the house rent free with his wife."

What your brother has done, and continues to do, is to create, cause, and continue to cause, a "conflict of interest"; i.e., the house is still in Mom's name, and to have the Estate probated would mean he would be required to sell the house and distribute the assets thereof to the heirs - - YOU.

Doing that would effectively "put him out of house and home". Since he has such a "sweet deal" going on, there's no impetus (reason) for him to have the Will admitted to Probate. As long as he's doing that, he's cutting you out of your share, using YOUR money, not paying rent to the Estate, and causing your share of the Estate to be diluted. In my eyes, that's quite a bit of damages he's causing you.

So, in order to "fix" this "conflict of interest", you need to either drag your brother, along with the Will, to see a Probate attorney and to start the process, or since he's likely to refuse because he has made himself such a "sweet deal", then it's up to you to see a Probate attorney on your own and have the Estate probated WITHOUT the Will.

Doing that will eventually drag your brother off his ass, and to come forth with the Will - - especially if he wants to be appointed as the Executor. However, you're going to later bring your brother's "conflict of interest" that he caused to the court's attention, and the damages he has caused to you over the last 3 years, and that the court should appoint YOU as the Executor!

Courts don't like hearing about the damages your brother is doing to you, and the purposeful "conflict of interest" brothers like him are causing.

Good luck.

IAAL
 
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hexeliebe

Guest
He has such a sweet way about him don't he ???:D

but he's right. Until YOU do something fat-assed bro ain't gonna budge.
 

I AM ALWAYS LIABLE

Senior Member
hexeliebe said:
He has such a sweet way about him don't he ???:D

but he's right. Until YOU do something fat-assed bro ain't gonna budge.

My response:

I don't know how I'm able to keep my "cool". I'm just gritting my teeth! Mary has really PISSED ME OFF this morning! She removed one of my posts, and I'm not too thrilled with her today because of it! All she can say is, "I'm sorry". Well, sometimes, being "sorry" just doesn't cut it!

IAAL
 

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