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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4842
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My house was left to the estate of AW", who was my deceased

Resolved Question:

My house was left to the 'estate of AW", who was my deceased dad. I have abrother, who wants to force a sale of this home which I have lived in and which he has never contributed a penny to its running. How do I combat his plan to literally take my house?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Samuel II replied 1 year ago.
Hi

So now you and your brother are the heirs on the home? Is that correct?
Customer: replied 1 year ago.


Yes. We ostensibly own the home together. However, I have paid all taxes and upkeep and he has paid nothing. Nevertheless, yes we are the owners. Please know that in my dad's will it was left to 'The estate of AW" we are not mentioned as heirs by name. Helene

Expert:  Samuel II replied 1 year ago.
Hi

Thank you. XXXXX have suggestions, I am going to request this be moved to Estate Law so a professional in that category can assist you

Please be patient and do not respond here until that professional contacts you

Thanks
Expert:  David Kennett replied 1 year ago.
Who is "AW"?
Was "AW" mentioned as the beneficiary of your father's will or were you and your brother also named?
Customer: replied 1 year ago.


AW refers to my father's name. No we are not named. The property is left as stated: 'To the state of AW". We are his only surviving sons and heirs.

Expert:  David Kennett replied 1 year ago.
Is anyone named in the will as a beneficiary of anything?
Customer: replied 1 year ago.


No one is specifically named.

Customer: replied 1 year ago.


No. everything is left to 'The Estate of A.W".

Expert:  David Kennett replied 1 year ago.
I am going to have to opt out of this question. Something is wrong with this will since it sounds like he was leaving everything to himself which is impossible. So either I'm missing something in the facts or the will is simply not a valid will and I have no way of reviewing the paperwork form here. Most wills have a named beneficiary otherwise no one would inherit the estate.
Customer: replied 1 year ago.


I'm sorry. Yes I looked and we are both named as heirs and co-executors. Can you help? The will was probated and all was in order. H

Expert:  Irwin Law replied 1 year ago.

I think you might be misunderstanding the the will. It is not possible for someone to leave property to his/her own estate. Either your father tried to write his own will, or his attorney was a dunce. If you can get a clear understanding of the will, and it leaves everything to you and your brother, then the house is not yours. It is yours and his and he can force a sale of the home in order to receive his half of the value of it. The only way for you to keep that from happening is to buy his interest from him. I suggest that you obtain a good probate attorney to work on that aspect as soon as possible.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4842
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 2 other Estate Law Specialists are ready to help you

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