Legal Question in Criminal Law in Missouri

My brother and I have been going around and around for 2 yrs plus on my late mothers estate. He has threatened me with legal action if I live on the premises, which I don't understand. I have had the real estate appraised in July of 2010 for $60,000, but was denied by the VA. I had since appied at a local bank, and was told that everything looked good, and needed a contract for $30,000, to buy him out, which he denied me until we settle the personal property issue. Then had his lawyer send me a bogus contract for $42,500, stating that real estate has went up in value, in the last 2 yrs. which I refused of course. Because I refused the contract he is treatening to have the property sold on the court-house steps, unless I agree to a meeting with a 3rd party intermediator to discuss the personal property issue. The problem is he is trying to attain an object that was given to me by my late mother several years before her death, while he received another item that he wanted. We both agreed at the time. Now he wants the item I chose, because an Aunt of mine is willing to give him several hundred dollars for it. I call this collusion of the 2 parties, working against me. Also if it sells on the court house steps, the neighbor across the road, who has express an interest in the property, will more than likely out bid me, and just write it as a loss on his taxes. Which I feel is another case of collusion, or conspiring between the neighbor and my brother to commit fraud. Give me some ideas as what to do. I'm about ready to go to a prosecuting attorney to file criminal charges against them, for denying me owership of the property.


Asked on 5/05/12, 6:50 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Obviously, it makes no sense for your brother to get into litigation with you over him wanting some item of personal property that might be worth "several hundred dollars". You would both spend many times the value of teat property fighting over it. You do not say whether your mother's estate is going through probate, or if you and your brother own the real estate as a result of a Beneficiary Deed or some other transaction. If it's in Probate Court, then you need to hire an attorney to represent you inthat Court. If not, in regard to the real estate issue, you should hire an attorney and file a suit in Partition naming your brother as a defendant in the lawsuit. Your brohter and his lawyer may be wiullin to come to terms of settlement. If not, the Ccourt will Order the proerty sold and you will eventually be done with it.

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Answered on 5/06/12, 11:48 am
Anthony Smith LawSmith

Your posting is a bit confusing. It appears that you and your brother have not agreed to a valuation for you to buy out his interest in your deceased mother's real property. Technically, if you are living in the house, you may owe him 1/2 the fair market rent.

Based upon what you have described, I do not see any criminal violations for a prosecutor to go after your brother. Perhaps you should at least meet personally with an attorney in your area. That way you can tell the entire story, and show them any documents you have. I agree with Mr. Nack. You are likely going to need to hire an attorney to protect your interests in this matter.

Good luck

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Answered on 5/06/12, 8:45 pm


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