Messy estate buyout

[Asinglemom1980]

So... long story. My grandmother passed away in 2010, my mother was the exectuor on the estate. 1 of the key pieces in the will is a house that my grandmother, mother and 2 uncles shared.
My mother, the executor, managed to have 2 of the 5 heirs paid off, with the expectation that the estate would be divided by 3 people; her and her 2 brothers who were living in the house at the time. With her portion, upon her death, the belief is that my mother's portion (1/3) would naturally be passed down to my brother and I. My mother has since passed away (2012), and the estate was never settled. The lawyer she was working with has also passed away and we never really found out who took that attorneys records.
Fast forward to now, her brothers, my uncles, want to buy me out of the house which I'm comfortable with. For x dollars, I will relinquish my rights to this house and will give my portion to them. The issue with this though, is only 1 uncle is buying me out. Can I give my portion of the estate to this uncle, or will it go to both of them? Also, is there a form or sample letter I can use that I can give to them in exchange for this transaction? I will be fair, I won't screw them over. They're helping me out right now. It's a win win. I can also provide a statement that when this does get settled in Probate, that I will also testify that I don't want my share.

Finally, 1 more question. We can't find my brother. He disappeared. We don't have a way to contact him. Can there be a published notice for those who are claimed to be heirs to come forward and grab their portion? Or is that only with divorce?

Thanks for your help!

 

[Just Blue]

So... long story. My grandmother passed away in 2010, my mother was the exectuor on the estate. 1 of the key pieces in the will is a house that my grandmother, mother and 2 uncles shared.
My mother, the executor, managed to have 2 of the 5 heirs paid off, with the expectation that the estate would be divided by 3 people; her and her 2 brothers who were living in the house at the time. With her portion, upon her death, the belief is that my mother's portion (1/3) would naturally be passed down to my brother and I. My mother has since passed away (2012), and the estate was never settled. The lawyer she was working with has also passed away and we never really found out who took that attorneys records.
Fast forward to now, her brothers, my uncles, want to buy me out of the house which I'm comfortable with. For x dollars, I will relinquish my rights to this house and will give my portion to them. The issue with this though, is only 1 uncle is buying me out. Can I give my portion of the estate to this uncle, or will it go to both of them? Also, is there a form or sample letter I can use that I can give to them in exchange for this transaction? I will be fair, I won't screw them over. They're helping me out right now. It's a win win. I can also provide a statement that when this does get settled in Probate, that I will also testify that I don't want my share.

Finally, 1 more question. We can't find my brother. He disappeared. We don't have a way to contact him. Can there be a published notice for those who are claimed to be heirs to come forward and grab their portion? Or is that only with divorce?

Thanks for your help!

What state?

 

[zddoodah]

My grandmother passed away in 2010, my mother was the exectuor on the estate.

What state?

1 of the key pieces in the will is a house that my grandmother, mother and 2 uncles shared.

I'll assume that "shared" means "jointly owned." That being the case, were they joint tenants or tenants in common (or something else)?

My mother, the executor, managed to have 2 of the 5 heirs paid off, with the expectation that the estate would be divided by 3 people; her and her 2 brothers who were living in the house at the time.

Paid off how? As to the highlighted portion, did you mean "the rest of the estate" (after the two were "paid off")? Did the probate court sanction this plan?

With her portion, upon her death, the belief is that my mother's portion (1/3) would naturally be passed down to my brother and I.

What does "naturally be passed down" mean?

My mother has since passed away (2012), and the estate was never settled. The lawyer she was working with has also passed away and we never really found out who took that attorneys records.

When did the lawyer die? Who took over as executor when your mother died? Was your mother's estate probated? When you wrote that "the estate was never settled," do you mean your mother's estate or your grandmother's estate (or both)?

Can I give my portion of the estate to this uncle, or will it go to both of them?

You are free to sell your interest in your mother's estate to either uncle or both uncles or anyone else. Note that, as you described the situation, you have no interest in the house or in your grandmother's estate. Rather, you (presumably) have an interest in your mother's estate, and your mother's estate has an interest in your grandmother's estate, and your grandmother's estate may or may not hold an interest in the house (depending on the manner by which the joint owners held title).

Also, is there a form or sample letter I can use that I can give to them in exchange for this transaction?

Letter? No. And any "sample" would obviously be dependent on the state where this is happening.

Can there be a published notice for those who are claimed to be heirs to come forward and grab their portion?

Sure.

My general observation here is that it seems there are a bunch of folks who have no idea what they're doing. I'm not necessarily sure that you need an attorney, but someone sure does.