Sat, Jul 04, 2009
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Must A Will Go To Probate In The State Of Penna? |
dctree
3 Posts
Member Since: 04/20/2004
Oxford, PA
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Posted: 13:41 on 11-17-2004
My father, younger brother and I all paid equal amounts in buying 3 acres of land and building a house on the land. My name was not put on the deed because the I told the broker I had a bankruptcy, and he said it might cause problems in getting all the paper work done.
So my father and younger bothers name went on the deed. we all paid equal amounts on the mortgage, utilities, taxes, and any improvements like landscaping and adding buildings.
My father had a will which states that all his property which is 50% of the 3 acres the house and belongings
must be divide among his three sons. My younger brother has the other 50% of the above. My father died 2 years ago and my younger brother as executor did not execute the will and now wants to kick me out of the house because he says he gets everything because he is the executor. I know this is not true, we paid a total of 180,000 for land and property, now seven years later it is assessed at FMV of 260,000 but that is not what we can sell it for Real Estate agents have told me the property could sell anywhere from 350,00 to 380,00. My brother wants to give me 57,000 dollars and my fathers car to make me happy, yeah right! Can I force him to execute my fathers will and make him sell the property and give everyone their equal shares as is stated by my fathers will?
My father ownes 50% ofthe house and land
Dave Clough 
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InActive_Account
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Member Since: 02/26/2002
AnyTown, NY
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Posted: 17:39 on 11-17-2004
your father's will must be probated (not executed - just me being picky here). AND, you'd better hurry. Inheritance taxes are due and payable in full within 9 months of death or penalty & interest start to accrue. You will need a lawyer to have your brother removed as executor and someone else appointed administrator to get things going.
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Mantis
210 Posts
Member Since: 02/29/2004
Fort Collins, CO
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Posted: 23:41 on 11-17-2004
Dave,
I suggest filing a lien against the property imeadiately for at least the amount you paid plus interest to ensure that your interests are protected. You might consider that amount plus 1/3 of the increase in value as your lien amount to cover your portion of the gain in market value.
Find the broker that advised you that you should not be on the paperwork because of your prior bankruptcy and have them sign a notarized statement to the effect that he provided all three of you this advice, that you provided 1/3 of the money to purchase, and that you were all to be equal 1/3 owners despite the fact that you were not on the deed.
Do you have any agreements or indications, in writing, from your father or brother of your interest in the property? If so round them up and seek an attorney. Also find copies of statements/checks of the money that you provided to purchase the property and bring those along.
This option is risky as it will tend to upset your brother but you might be able to file a lien against any of his property provided you document that you have a legitimate claim that is not being addressed by him as executor of your father's will. Try to avoid this but it is an option.
You need an independent lawyer representing you in the probate process and you should notify the lawyers your brother has retained to probate the estate (if he has or soon will retain such counsel when you begin to act) of your claim.
Also, as advised by the other respondent you need to have your brother replaced as executor as he has not fulfilled his duties. Try to get yourself appointed then be completely fair and upfront about the process but insure that you receive your investment back plus 1/3 of the gain.
Lastly watch how you state this issue, you said your father owns 50% of the house and land in your post. On the deed this may be a true statement but according to your post it is not, your father owned 33.33%, and you and your younger brother each owned 33.33%. Always state this regardless of what the deed says provided that this was your family's agreement and it is true. How you approach the matter is crucial to your claim, always insist you are 1/3 owner in the property. Also, your father's estate, regarding the property, is $60,000 (1/3 of the purchase and improvement price assuming no loan as you did not specify if the purchase was for cash or by using a mortgage) plus 1/3 of any gain on sale or transfer of the interests if not sold. You stated above that you wanted equal shares distributed, this is not the case, you and your younger brother should each get back the $60,000 you put into the property plus $20,000 (1/3 of your father's purchase price) plus 1/3 of the gain. Your non-participating brother would get $20,000 plus 1/3 of the gain on sale but would not receive any capital back as he did not contribute any towards the purchase of the property.
I am sorry to hear of your loss and realize that you find yourself in a very difficult situation. Be polite, honest, and fair, don't let it get personal, deal through an attorney and always recognize your brother's rights and interests. This may not solve all of the problems but it will go a long way to maintaing civil relationships. Lastly, was your other brother aware of your ownership and participation and will he sign a statement to that effect? Enlist his help as he has not received anything from your father's estate either.
[ Edited by Mantis on Date 11/17/2004 ]
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JohnMerchant
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Member Since: 04/23/2002
Tacoma, WA
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Posted: 23:19 on 11-20-2004
You need a PA Estate Practice lawyer to represent you and your rights.
It's gone too far for a layman to try to represent himself.
So either spend some money now on attorney or prepare to lose your rights.
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