Will challenge by brother on mom's death in 2016

[Mistert369]

My mom passed away in 2016 being her executor of the will I handled all her personal debt the property was paid off and transferred the deed into my name. Now here in 2019 my brother wants to challenge the validity of the will and transference of the deed can he do this?

 

[bcr229]

Has he filed a lawsuit or is he just running his mouth?

 

[justalayman]

In what state was probate of your mothers estate handled?

Did your brother recieve anything through the will ? Was your brother properly notified probate had been opened?

From your statement I presume estate funds were used to pay off the home.. Did the will direct that be done?

Did the will nominate you as executor or some other person or nobody?


Was your brother properly notified of your application to be appointed executor when you filed to be appointed executor when opening probate?

 

[LdiJ]

My mom passed away in 2016 being her executor of the will I handled all her personal debt the property was paid off and transferred the deed into my name. Now here in 2019 my brother wants to challenge the validity of the will and transference of the deed can he do this?

Of course he can do it because he did. The question is whether or not the facts prove that you did not do things according to the law.

If you did everything accurately according to the law you have nothing to worry about. Based on what you described I can't tell if you did or didn't do things according to the law.

 

[Eekamouse]

My mom passed away in 2016 being her executor of the will I handled all her personal debt the property was paid off and transferred the deed into my name. Now here in 2019 my brother wants to challenge the validity of the will and transference of the deed can he do this?

Why was the deed transferred into your name instead of both yours and his?

 

[justalayman]

Why was the deed transferred into your name instead of both yours and his?

Unless the will bequeathed the property to both parties, an executor can decide how the assets are divided. As long as each gets what the will directed (as an example: each child is to recieve 1/2 of my estate could result in one person getting the house as long as the other party got an equal share of the entire estate), the split is up to the executor.