Legal Question in Wills and Trusts in Missouri
I am not sure where to go with this problem. My mother passed away on April 1, 2010. She put my brother in charge of the house and wanted the house sold and proceeds split amongst 7 children. The house was appraised at $49,000, with each child receiving $7,000 after sale. He decided he wanted to keep the house in the family, so offered to buy everyone out for their share. After 2 months of remodeling and updating, 2 siblings requested their share. He refused to give them a cent and then sold the house to the 2 sisters that wanted to keep the house for $1. One sibling is renting and the other is living out of his car. Are they entitled to live in the house or should they file legal action to recive their share worth? After consultation with an attorney, he said the brother was the administrator of the estate and it was his responsibility to fufill the wishes as outlined by the deceased. He was sent a certified letter outlining his responsibilities and proceeded to sell the house for $1 to remove him from further action. Are the 2 sisters now liable to proceed with the wishes of the deceased? This had all been proposed and agreed upon at a family meeting after the burial of the deceased. Everyone in the family knows what the parent wanted and no one disagreed at the family meeting. Currently, one of the sisters has her son living in the house, and plans on his girlfriend moving in after the first of the year. Two of the siblings have recieved partial payment and 2 have received nothing. What is the best course of action? The brother that sold the house for $1 owns 9 houses and wanted to make sure nothing could be done against him. Can there be a new administrator for the estate be decided by the family? The deceased also left a 2000 Ford Taurus which no one received anything for and he gave that to his son. One sister also gave him $3000. which the parent had left with her. No one recieved any share of that either. The house is furnished with appliances, furniture, collectibles and family memorabilia that was not split or given any financial compensation for. They will not allow any family members inside the house to gather any family heirlooms that were promised by the deceased, mostly because the son of the sister has a pit bull inside that has already bitten one family member. All phone calls and letters to settle this matter have gone on deaf ears. Where should the family turn?
1 Answer from Attorneys
I'm not sure how to answer this without knowing more. First, what does it mean when you say that mom "put my brother in charge of the house"? Did she transfer ownership to him? Was there a beneficiary deed? Is there an ongoing probate administration? Was there a will? If so, has it been admitted into Probate? What does it mean when you say that the brother is the "administrator of the estate"? Has he been appointed by the Probate Court?
You mentioned an attorney. Who does the attorney represent - it isn't clear.
If there is a probate administration then the actions you describe are clearly inappropriate and someone will need to file the appropriate complaints, objections, etc. with the probate court. You will need an attorney to do this.
If there is NOT a probate administration and the brother is/was the owner of the property due to a transfer by Mom either before or after death, then it will be quite difficult to do much, in spite of agreements.
To go much deeper will require too much speculation.
Contact me if you wish -- [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
