Legal Question in Wills and Trusts in Connecticut

Esate/will legal rights

My great grandma left her entire estate to me & 8 relatives. The house was then sold to an aunt who got a $7,000 advance. The other 8 of us are holders of a noe and mortgage in amount of $56,000. On 6/2/98 my aunt was supposed to pay back the $56,000 in full + 7% interest/yr, which totals $110,160.48. I am entitled to 1/8 which totals about $13,770. My other aunt is the executor of the estate - if the 1st aunt hasn't paid it back yet can I forclose or sue for my share or do all of us have to be in agreement. Also would it now be worth more because she has had our shares for over 20 years? I could sure use the money as I am sure the rest of the family could too. There of course if a little family separation/disagreements that is why I am writing instead of dealing with the family.


Asked on 8/30/08, 10:01 am

1 Answer from Attorneys
Diana Bartolotta B-Law LLC

Re: Esate/will legal rights

This sounds like a tough situation. My first thought is that as the lender (i.e., the holder of the note and the mortgage), you most likely have the right to foreclose, but you would need to look to the terms of the note and the mortgage to confirm that. The other problem is that there are eight (or seven) other relatives in the same position as you, so the terms of those legal documents would tell you if you need their agreement to foreclose.

Unfortunately, the bottom line is that you most likely do have some legal rights here, but you're going to need to have an attorney to review the legal documents to see what your exact rights are. Often times in family situations, the legal documents are not drawn up in a way in the beginning so as to protect your rights as the lender, so there is a chance that you have less legal rights with regard to your aunt than you would have had if it had been an arms-length transaction.

Talk to an attorney who focuses on real estate and probate law, to understand better what your options are. That attorney will want to look over your paperwork to understand the situation more thoroughly.

Good luck!

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Answered on 9/02/08, 11:51 am


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