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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
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Experience:  Since 1983
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my ex-husband and I agreed to split the cost of a vehicle (for

Resolved Question:

my ex-husband and I agreed to split the cost of a vehicle (for our daughter) that is part of his dad's estate when he died. His siblings feel $3000.00 is a fair price. There are 4 children in the estate so my ex wants to split the $3000.00 4 ways. $1500.00 from each of us. He then in turn gets $750 back. I would end up spending $1500 and he would spend $750. Is this a fair split or am I entitled to half of his $750 in order for us to split the cost evenly?
Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question. I'm not sure I understand the situation.

$1,500 x 2 = $3,000 ÷ 4=$750 so if each of the 4 children get $750 how does your ex get back another $750?
Customer: replied 1 year ago.


he is one of the 4

Customer: replied 1 year ago.


He is one of the 4 siblings so he ends up paying out $750 to himself ( one of the siblings) then gets $750 back from the $3000.00 estate vehicle purchace.

Expert:  N Cal Attorney replied 1 year ago.

Thank you for the explanation. He apparently has the right to his share of the sales price. It is unusual for a person to be a buyer and a seller in the same transaction but this sounds like it is legal and fair.

The cost of the vehicle is being split evenly, and he would pay the same amount even if he was not one of the 4 siblings. The fact that he will get a share of the proceeds as part of his share of the Estate is just a random happenstance. He is not required to give up his share or part of his share of the inheritance to evenly split the purchase price.

I am sorry this is probably not the answer you had hoped for, but it would be unprofessional of me, and a disservice to you, not to provide accurate information. If he did not specifically disclaim part of his inheritance, there is no judge who would not approve of this arrangement, which would be considered fair under the law.

I hope this information is helpful.

You just posted right after I wrote the above. Didn't you write that he was paying $1500, not $750?

Customer: replied 1 year ago.


Yes, You are right he is paying $1500. $750 to 1 sibling and basically $750 to himself. Thank you

Expert:  N Cal Attorney replied 1 year ago.
That would be unusual.

Is there a probate court case filed that relates to this Estate?

Is there a Will involved?
Customer: replied 1 year ago.


No. No will is involved or court.

Expert:  N Cal Attorney replied 1 year ago.
In that case what you described does make sense. It would probably be a good idea to come up with a written statement that describes the arrangement and is signed by you and the four of them so no one can try to go back on the agreement.

It would be more normal for the Court to appoint an executor or administrator, then you and your ex would each pay $1500 to the administrator who would then divide it in quarters and gives a share to each of the four heirs.
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8240
Experience: Since 1983
N Cal Attorney and 2 other Estate Law Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for the positive rating!

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