Legal Question in Wills and Trusts in Connecticut

My parents' will specified that distribution of the estate should be "20% thereof to my daughter, Geri Wirth, in partial repayment for the assistance that she has furnished to my husband and to me in our retirement years. The remaining balance shall be distributed to my daughters, Geri Wirth and Arlene Hanson, in shares per stirpes." After probate, I filled out a new deed and didn't know how to show that I should get 20% first and then expenses deducted before we share the remaining balance equally - at least that is how I interpreted their words - so I showed my share at 60% and my sister's share at 40%. The house still has not sold. My sister is sueing me because she says that the will doesn't count anymore and that I should be responsible for 60% of the expenses and then the remainder should be divided 60/40. I do not think that my parents wanted to penalize me by having me pay a larger share of the taxes, etc. that have accumulated. I maintain that my 20% is a repayment and should come out of the sale price first before any equal sharing of expenses and equal division of the remainder. Do I have a ligitimate claim? THE HOUSE AND THE CIVIL SUIT ARE IN CONNECTICUT.


Asked on 7/11/11, 9:53 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

There are all sorts of questions. Did the will have a "pay all expenses first" clause? Were there other assets in the estate equal to or more than 20%, so you could have paid yourself the 20% in, say, cash? Why did you distribuer the house from the estate instead of selling it while still in the estate? Why didn't you get a lawyer to help you in the first place? That turned out to be a costly way to save a few bucks. Once you have distributed the property in a 60/40 deed, you are a 60% owner and responsible for 60% of the expenses. You had a good argument when the property was still in the estate, but now it's much weaker.

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Answered on 7/12/11, 7:52 am


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