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I am a 1/10 benficiary in a NSW will with 5 other siblings (each 1/10 share) and an elderly step mother (4/10). The Estate is my father's who died in 2013. The Executors are the Stepmother, (whose son is a QC), my eldest brother and a sister. The stepmother challenged the will to increase her share, and after many QC's, Barristers, 2 days in Supreme Court and close to $200000 spent in legal fees, sh went back to the original will of 4/10's but still the matter still lingers. It seems there is not enough money to pay out the stepmother without selling the house which my other siblings want to keep and there have been holdups due to the lawyer she hired to act for her with probate etc. They are conspiring to offer her a deal with the remaining cash and then the children, myself included own the house. I do not wish to become a part owner in the house with my siblings, with whom I share love. 2 of whom have long standing drug issues, and who have never owned property and the other brother, The Executor, who is not above being dishonestly to get what he wants. He said he would be me out, but I am worried than he can either change his mind, or for some reason not complete this action in a timely manner. I have offered to buy the house at above the estimate to end the matter but I know my siblings do not want to sell as they know the property is worth more than the valuation obtained by my brother. I have sort some indication of process, value and time, but my brother will say nothing further. I live in WA. What can you suggest?
No, I do not have legal representation myself.
My brother and sister have a lawyer for the Estate.
There is another lawyer who was hired by the stepmother to deal with the estate and then the step brother and a fleet of other QC's and barristers were brought in for the trial.
I believe my fathers estate after cash removed by my stepmother prior to my fathers death of $200000, and legal fess must be sitting around $1 million but that is only a guess.
Note in correction to my original information, it should be with whom share no love. I am not in social or familial contact with my siblings.
They paid an agreed portion of the stepmothers case.
I am sorry, I meant after legal fees I think the estate is now holding about $1 million.
As far as I know, no distribution yet.
I think I need my own lawyer.
But can I ask if is there nothing I can do to prevent myself becoming a 1/6th owner in property as my share of my fathers estate?
I have told my brother he must deal with me the same as the stepmother, but I believe he will cut a deal with her to give up her role as an Executor.
Is there nothing I can do to prevent this?
My brother and sister as Executors are planning to offer her cash to give up her Executor role and be paid out leaving just the property in the Estate for the siblings, that is why I offered more money than they were telling her the property was worth.
I think they still plan to give her an approximate 4/10 and that will leave the remaining house and I believe that is how I will come to be in a six share situation.
I don't believe they even have proper insurance coverage on the property as it has been vacant since October with no now aware of what the insurance will cover.
Can I put a caveat on the land preventing it from being transferred to me until it is clear how I am to be affected?