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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98010
Experience:  Lawyer
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I have a question my mother died 2015 in the will 2 house is

Customer Question

hi my name is ***** ***** have a question my mother died 2015 in the will 2 house is half and half me and my brother. i want the house with house which is a high value than the another house. i would like to know do i have to give my brother the difference the value of the2 house or buyout him the difference
Submitted: 7 months ago.
Category: Canada Law
Expert:  Debra replied 7 months ago.

I am sorry for you loss.

Does your brother agree to sell you his portion of the higher value house?

Whose names are ***** ***** in now?

Has the estate been wound up?

If not then who is the executor?

Customer: replied 7 months ago.
we sign the transfer of house I got the house high value but I have to paid the difference between my house and the house he got my brother. he is the executor my brother..did I get cheaped with the amount or was I only give him the difference .
Expert:  Debra replied 7 months ago.

So are you saying the more expensive house is in your name and the other house is now in your brother's name?

Are you asking if you have to pay your brother the difference in value?

Was that what was agreed to before the transfer?

Are you asking how to calculate what you owe him?

Customer: replied 7 months ago.
I want to know what what is the right calculateI owe him but he already took the money for difference which is the value of my house minus the house he got is less which is the different.
Expert:  Debra replied 7 months ago.

So you mean he took the difference from the total estate or from what he paid you?

Customer: replied 7 months ago.
for example my house is value 673,000 and the another house 509,000 he took the two amount minus I got the difference
Customer: replied 7 months ago.
he took the difference sorry
Expert:  Debra replied 7 months ago.

But did he take that from the total of what was in the estate or from your half. It matters and once you let me know the answer I will explain why.

Customer: replied 7 months ago.
because the value of my house is more so his took house is less value the different
Expert:  Debra replied 7 months ago.

I understand all of that but what I am asking is did he take the money that was the difference from what was in the estate in total or did he reduce what the estate owed you?

Here let me just explain.

I will use your numbers.

The difference is $164,000. But you don't owe him that.

If you paid him that amount of money then end up with the total of $509,000 but then he ends up with the total of $673.000.

If you are paying him an amount to make your values equal you have to pay him $82,000.

But if he taking the money from the estate account, then he would take the full amount because he is owed half of the estate account and so are you (I am assuming you both share the full estate).

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 7 months ago.
he took 162,000 sorry I was off the amount yes that what he took is that correct
Expert:  Debra replied 7 months ago.

But the point is did he take it from the estate account or from what was coming to you?

Customer: replied 7 months ago.
he took more than what support to take right he took my share more is that what you are saying.
Customer: replied 7 months ago.
he was support to take only 82,000 and not 162,000 what do I do now can I call him let him know it wrong.
Expert:  Debra replied 7 months ago.

You can show him this post.

And you can say, let's sit down and add up what we each got from the estate.

The totals must be equal.

They will not be if you ended up paying him the full difference.

He should see that.

If not you may need a lawyer to send him a letter.

Customer: replied 7 months ago.
but he wanted because to be equal with the value
my house 673,000 and the house 673,00
Customer: replied 7 months ago.
he has
Expert:  Debra replied 7 months ago.

But he has done it wrong.

Now is total is $84,000 higher than yours. He made a mistake.

Customer: replied 7 months ago.
he took 509,000 plus 162,000 equal 671,000 that what I think he did
Expert:  Debra replied 7 months ago.

So he is ahead unfairly and incorrectly.

He has a higher total.

Customer: replied 7 months ago.
i just explain to my brother he screamed let the notary explain it to you I am mad
Expert:  Debra replied 7 months ago.

He is mad as he wants all that he took but he is not right so have the notary or a lawyer write him a letter.

Customer: replied 7 months ago.
the notary told me first he said 162,0000 he made a mistake than he said 81,000
Expert:  Debra replied 7 months ago.

So the notary has to tell your brother he was wrong.

Customer: replied 7 months ago.
basically if like you said taking for estate account than he would take the full amount because he owe half right so the calculation is right.giovanna
Expert:  Debra replied 7 months ago.

Exactly!

Expert:  Debra replied 7 months ago.

Really it is easy to see if he did it right.

Add up the total of what you have and what he had and it should be the same.

Customer: replied 7 months ago.
you made me call for nothing so upset screaming at me
Expert:  Debra replied 7 months ago.

That is not correct. I asked you many times where the money came from and I explained that it mattered if it came from the full estate account or from what he was paying you.

I explained it several times but I guess you did not understand me.

And I also explained how to check what was right.

You need to both walk away exactly equally.

If you did it is right. If not then it is wrong.

Customer: replied 7 months ago.
he was not paying me I give him 162,000
Expert:  Debra replied 7 months ago.

Then he is wrong.

Let me use a simple example.

Please wait while I write it out.

Expert:  Debra replied 7 months ago.

There are 12 $20 bills.

He gets two and you get 10 but it is supposed to be equal.

It is not because he has $40 and you have $200.

The difference is $160.

If you gave him $160 he than has $200 but you have $40.

To make it fair you give him 1/2 the difference.

So you give him $80. He than has $120.

And you also have $120.

It is fair.

Customer: replied 7 months ago.
first you said he is right now you said he is wrong which is it
Expert:  Debra replied 7 months ago.

You are not understanding my explanation and I've tried over and over to explain it in different ways.

Please just simply answer the one question I have asked many times that you have not answered.

How was the difference paid.

Did you give him your own money?

Did he take the difference from the estate account?

Did he reduce what you were entitled to?

What did you both get at the end?

Customer: replied 7 months ago.
already answered the question for estate account
Expert:  Debra replied 7 months ago.

No you keep saying different things. You even said you paid him the money.

If he took the money from the estate account first and then gave you each half of what was left that is correct.

If he instead divided up what you were both to get and then took the difference from your payout and added it to his he was wrong.

Customer: replied 7 months ago.
explained the money paid from the estate account what do you mean the question on difference from your payout
Expert:  Debra replied 7 months ago.

I will use one more example and then I think you will understand.

There is a joint bank account of $500.

You owe your brother $100 because you have a $200 watch and he has a $100 watch that were gifts to share.

He takes $100 out of the account.

Then he gives you each $200. Is that fair?

You have $400 value in total. He has $400 value in total. Yes it is fair.

But he can also say we each get $250 so I am taking my $100 of your $250 and he gives you $150.

Is that fair. NO! You have a total of $350 with the watch and he has $450 with his watch.

So it depends on when and how he made up the difference.

Customer: replied 7 months ago.
but the house the value is higher mine should to be even his lower the value of the house he took the value my house is higher and he is lower to make it even value my property is higher and his is lower minus the differences 673,00 -509,000 equal
162,000 he took for the estate account
Expert:  Debra replied 7 months ago.

I know that. That is why in my example the watches have different values.

Just take pen and list what you got from the estate and total it.

In another column make a list of what he got and total it.

It has to be the same.

Customer: replied 7 months ago.
he took the difference 162,000.00 for the house plus 160,000.00 and give me 160,000.00
Expert:  Debra replied 7 months ago.

This is the last time I can try because I have spent much too long with one customer.

How much did he get in total including the value of the house? This is after he got all the money from the estate and made up the difference.

How much did you get in total including the value of the house and after he took the difference from you?

Customer: replied 7 months ago.
i told you 162,000 the difference on house and split the estate160,000.00 for me and 160,000.. for me
Expert:  Debra replied 7 months ago.

You aren't answering me.

I've asked for each of your full totals. That way we can see if the end result was fair as you don't understand exactly when and how he took the money.

Customer: replied 7 months ago.
162,000 plus 160,000.00 for my brother 322,000.00 and 160,000.00 for me
Customer: replied 7 months ago.
what do you mean full totalof the estate talking about
Expert:  Debra replied 7 months ago.

So are you saying that when you look at all you got from the estate you have $160,000 and the house?

And he has $322,000 and his house?

If that is the case then you have $673,000 plus $160,000 = $833,000.

He has $322,000 plus $509,000 = $831,000

So if that is all that happened then it is correct.

Customer: replied 7 months ago.
that right
Expert:  Debra replied 7 months ago.

Is it clear now?

Customer: replied 7 months ago.
Expert:  Debra replied 7 months ago.

OK

I hope that helped you gain a good understanding of how this works.

Thanks and take good care.

Customer: replied 7 months ago.
thank you
very much
Expert:  Debra replied 7 months ago.

You are very welcome.

Expert:  Debra replied 7 months ago.

Is there anything more I can assist you with at this point in time?

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