Legal Question in Wills and Trusts in Connecticut

Re: Vacation Home

That is a very good question. This is the kind of case that can go either way. However, I do believe you and the sister who did not use the home have some very good arguments why you should not have to reimburse your sister who makes the claim.

First of all, you say that the improvements she made are small. The question becomes were they necessary? And, did your father expect her to make improvements and did he intend to reimburse her? Were those "small" improvements a result of her "using and enjoying the home?" One could argue that any improvements she made, were made as a "gift" to your father or his heirs or they were made on her part voluntarily and she should not expect reimbursement.

I do not believe she is entitled to reimbursement for receipts that were spent as a direct result of her use of the home.

Any appreciation in the home during your father's lifetime is expected and does not appear to be a result of her payment of expenses. It would have appreciated anyway. She used the home and was expected to pay for that use, regardless of the normal appreciation of the property.

You can present your defenses to her claims in the probate court while the estate is pending.

My guess is that she may get something but probably not much.

Re: Vacation Home

sorry for your loss, and for the family tensions. I agree with Linda's answer, and have a couple of things to add.

First question I'd have is can you establish the original agreement with your dad and sister as to maintenance and occupancy of the house?

Second - was she living there full time, or did she vacation there periodically, and if so, what was the understanding as to whether you or your other sister could use it?

Certainly, if she was living there full time, or had exclusive use of the house, she'd be responsible for ordinary maintenance, repair, insurance, taxes, etc. Capital improvements might go either way.

In the end, those issues would be tested in the probate court, if anyone forced the issue, and the probate court procedures would dictate how this all plays out.

Who is the Executrix of your Dad's will? It would be their responsibility to sell the house, and distribute the proceeds in accord with the will - ie, 1/3, 1/3, 1/3. If the sister who used the house is the Executrix, she must do this, or you can bring an action to compel her to do so. If, as Executrix, she tries to pay herself for these expenses/improvements, you can object in the "accounting" stage (ie, she has to account for her actions as Executrix).

If she is not the Executrix, the Executrix sells the property, proposes the distribution in thirds, files an accounting, and it is up to the complaining sister to object to the accounting, or file a claim against the estate. Distribution would not be made until all parties assent to the accounting, or the court approves it.

In any event, there should be a lawyer involved in probating the will, and if the Executrix is not either you or your "other" sister, you guys should have counsel to make sure this sister toes the line and does what she is supposed to and doesn't take the money from the estate without court approval.

I am licensed in NH and have experience in these matters and could help you in this regard, or direct you to another attorney if that's more appropriate. Feel free to give me a call.