Legal Question in Wills and Trusts in Indiana
My father passed away 3 years ago without a will. My mother was placed as Head of the Estate. My father owned a wood working shop on his, now my mother's, property. My brother is trying to claim that he has rights to all of the tools and lumber in the wood working shop. With the estate open, my mother, brother, and myself have to sign a distribution of estate stating that we agree to how the estate is to be split. My mother and I do not agree that my brother should get all of my Dad's tools and lumber. However, my brother is refusing to sign the distribution unless he is listed as getting all of the tools and lumber. He is now threatening to take us to court. My mother and I would be fine with selling all of the tools and lumber and then splitting the money three ways. My brother still will not agree with this. Is there another option for us or would we win if we were taken to court?
2 Answer from Attorneys
You do not have to all agree to a distribution; your mother as personal representative can petition the court in Indiana to approve what she has done. Talk to your estate attorney for an explanation as to why he is doing it this way.
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