Legal Question in Wills and Trusts in Ohio

property recieved in a will

My mother in-law's mother was left a peice of property in fla. from her brother (in a will). She has since died approx 10 years ago. My mother in-law just recieved a call from the lawyer who handled the estate and informed my mother in-law (who is the executor of her mothers estate) that there is a buyer and he wants her to sign off on the sale. She has never seen the property and or deed. there has been no communication or documentation of this property to he up to this time. The lawyer also stated that she, and her living brother will recieve 1/3 each and the grand childeren of the other deseased siblings will recieve 1/5 ea. he stated that this is the law!! sounds like some one is being screwed over. what do you suggest. they are elderly


Asked on 11/29/06, 12:26 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: property recieved in a will

To make a decision, you are in a position to seek some property appraisal or some equivalent as to how the sales price was achieved, and if it reasonable.

If you have questions, call me.

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Answered on 11/29/06, 12:30 pm

Re: property recieved in a will

There are several unanswered questions.

1) Was the estate kept open for those 10 years to hold title to the property?

2) Or was it passed out by deed to each beneficiary?

3)Is she being asked to sign the deed as an Executor or individually because she owns an interest in the property?

Assuming there were 3 children and one of them died, then the proceeds would be split in thirds and the children of the deceased child would share in that one-third.

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Answered on 11/29/06, 7:07 pm


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