missi frowein
Junior Member
What is the name of your state? NC
My father passed away in January. His will reads as follows;
Article I - Basically all debts are to be paid.
Article II - I devise my home at ...... Goldsboro, NC together with the contents thereof and the sume of TWENTY THOUSAND DOLLARS AND NO CENTS to my son, (Myself) in fee simple absolute.
Article III I bequeth all automobiles which are titled in my name at my death to my son, (myself), in fee simple absolute.
Artice IV I will, device and bequeth any other real estate I own at the time of my death to my son ......(my brother) in fee simple absolute.
Article V All the rest, residue and remainder of my property of every sort, kind, and description, whether real, personal, or moxed, and wheresoever situate, I will, devise and bequeth unto my two sons in equal share in fee absolute.
Article VI I hereby appoint my sons (my brother and myself) as Executors of this my last will and testament, giving and granting unto said Executors full power and authority to do any acto or thing, reasonable or necessary, for the proper administration of my estate.
The point of contention is this. My father told me before he passed he wanted his property to be shared between my brother and I. He purchased 50 acres of land with a home and a large shop which he used to run a business 10 yrs ago. He wrote his will 5 yrs ago. and he died this last January. When he built the house he had a legal description for roughly half an acre around the house for the bank as collaterol on a small loan he used to finish the house, of which he paid off immediately. The deed on the house shows the residence, shop and 50 acres for the past 11 yrs. The bank never actually made a deed for the loan. Dad's wishes to me were for me to inherit the house/25 acres and my brother to inherit the shop/business building/25 acres. My brother acknowledges my father wanted the estate to be split 50/50, but dad is no longer here and he feels he deserves more of the estate because he lived near dad and I lived out of state. He feels the will reads I inherit the house and half acre of land and he inherit the shop and all 50 acres. I have consulted 2 attny/s. One advised it was clear the will did not intend to leave my brother out and since he owned NO OTHER REAL ESTATE at the time of the writing of his will or his death he surely must have meant to leave the house with a small amount of land to me and the rest of the land to my brother. The second attny advised since dad is not here to say what he means that the will stands as read, which is the house to myself. The house is deeded with 50 acres so I inherit all 50 acres. He said the will states my home at... and that is deeded at the time of his death with a house/shop/50 acres...period. I have tried with no avail to have my brother to agree to splitting the estate 50/50, but he is stubborn and refuses. He is adament the will means for him to have all 50 acres. Additonally, he agrues the fact that dad had portioned, although never deeded a half an acre around the house when he took a bank loan out that is the amount of land dad felt I should have with the house, and that will stand up in court. I do not have alot of $ to settle this, the one attny quoted a $5,000 retainer and the bill could easily hit $15,000 I would love to find a way to convince my brother to settle this fairly out of court. I would greatly appreciate any/all advise or suggestions on how I can proceed forward. I see valid points from both attny's, of course I would like to proceed with the attny who quoted $5,000 retainer and believes we can ask for all due to the way the property is deeded and at a minimum the court order the estate to be sold and split 50/50. However, the other attny's argument is equally compelling and $5000 is alot for my family to loose in the end if the other attny is accurate with their interpretation, and I am SO CONFUSE! Thank you so much in advance for any/all advice.
My father passed away in January. His will reads as follows;
Article I - Basically all debts are to be paid.
Article II - I devise my home at ...... Goldsboro, NC together with the contents thereof and the sume of TWENTY THOUSAND DOLLARS AND NO CENTS to my son, (Myself) in fee simple absolute.
Article III I bequeth all automobiles which are titled in my name at my death to my son, (myself), in fee simple absolute.
Artice IV I will, device and bequeth any other real estate I own at the time of my death to my son ......(my brother) in fee simple absolute.
Article V All the rest, residue and remainder of my property of every sort, kind, and description, whether real, personal, or moxed, and wheresoever situate, I will, devise and bequeth unto my two sons in equal share in fee absolute.
Article VI I hereby appoint my sons (my brother and myself) as Executors of this my last will and testament, giving and granting unto said Executors full power and authority to do any acto or thing, reasonable or necessary, for the proper administration of my estate.
The point of contention is this. My father told me before he passed he wanted his property to be shared between my brother and I. He purchased 50 acres of land with a home and a large shop which he used to run a business 10 yrs ago. He wrote his will 5 yrs ago. and he died this last January. When he built the house he had a legal description for roughly half an acre around the house for the bank as collaterol on a small loan he used to finish the house, of which he paid off immediately. The deed on the house shows the residence, shop and 50 acres for the past 11 yrs. The bank never actually made a deed for the loan. Dad's wishes to me were for me to inherit the house/25 acres and my brother to inherit the shop/business building/25 acres. My brother acknowledges my father wanted the estate to be split 50/50, but dad is no longer here and he feels he deserves more of the estate because he lived near dad and I lived out of state. He feels the will reads I inherit the house and half acre of land and he inherit the shop and all 50 acres. I have consulted 2 attny/s. One advised it was clear the will did not intend to leave my brother out and since he owned NO OTHER REAL ESTATE at the time of the writing of his will or his death he surely must have meant to leave the house with a small amount of land to me and the rest of the land to my brother. The second attny advised since dad is not here to say what he means that the will stands as read, which is the house to myself. The house is deeded with 50 acres so I inherit all 50 acres. He said the will states my home at... and that is deeded at the time of his death with a house/shop/50 acres...period. I have tried with no avail to have my brother to agree to splitting the estate 50/50, but he is stubborn and refuses. He is adament the will means for him to have all 50 acres. Additonally, he agrues the fact that dad had portioned, although never deeded a half an acre around the house when he took a bank loan out that is the amount of land dad felt I should have with the house, and that will stand up in court. I do not have alot of $ to settle this, the one attny quoted a $5,000 retainer and the bill could easily hit $15,000 I would love to find a way to convince my brother to settle this fairly out of court. I would greatly appreciate any/all advise or suggestions on how I can proceed forward. I see valid points from both attny's, of course I would like to proceed with the attny who quoted $5,000 retainer and believes we can ask for all due to the way the property is deeded and at a minimum the court order the estate to be sold and split 50/50. However, the other attny's argument is equally compelling and $5000 is alot for my family to loose in the end if the other attny is accurate with their interpretation, and I am SO CONFUSE! Thank you so much in advance for any/all advice.