Legal Question in Wills and Trusts in District of Columbia
Equal Shares with One on the Deed
My eldest sibling is the executor of our mother's estate. The will clearly states that the property should be divided in ''equal shares''. The executor never lived in my mother's home nor paid any bills in the home, but was placed on the secondarily on the deed--name removed--the mortgage signing (while my mother was living). Now, the executor has retained--name removed--attorney, who has stated the executor is entitled to 50% of the estate because of the name on the deed plus a fraction of the other 50%--name removed--a part of the equal shares among the children. This was certainly not my mother's intention to have the executor/eldest with so much interest. Is this accurate in terms of the executor having more than 50% interest? Is there anything I can do to contest this?
Thanx!
2 Answers from Attorneys
Re: Equal Shares with One on the Deed
Yes, there is something that you can, and should do. And that is to retain an attorney as soon as you can to review the probate file, gather more facts from you and other sources, and attempt to pursue your claim against the estate and/or the executor. There are strict time limits to filing such claims, so you need to move quickly.
Re: Equal Shares with One on the Deed
You, as a proper party(beneficiary of the will) have legal standing to mount a challenge to the legal competency of the will. The question remains, however, whether you have a sufficently compelling basis to do so on credible legal grounds.
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