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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 29021
Experience:  30 years experience in the practice of estate law.
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In 2001 my husband inherited the commerical art archive of s

Customer Question

In 2001 my husband inherited the commerical art archive of his father, along with his sister and two brothers. At the time of the father's death, the archive had no value as none of it had ever been sold to public. It was decided to donate the archive to a university and were advised to sell some pieces to determine value of the donation. This process started in 2006. We contracted with a gallery to represent the work. Through a lot of hard work by myself, the sister's huband and the gallery owner, we have raised the value of the archive to a considerable sum. Through the years, we have split the expenses related to this process (including storage, movers, and so on.) When the archive had no value, one brother ignored requests to pay for storage. We kept a total of what he should have paid, and when we made a sale, we took that portion out of what he received. Full accounting on this has been kept.
At this point, we have several distinguished buyers interested in portions of the archive. The balance will be donated to the university.
MY QUESTION: Is the brother that did not participate in any way in the building of value of this archive entitled to an equal portion of the upcoming sales? As I said, the inherited value of the archive was $0. This brother was aware of all our activities, but as I said earlier, made no contribution to marketing or building the value at all.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to answer your question and provide you excellent service.
If the brother is in title through the estate then he is entitled to his share. You can certainly demandthat he contribute a prorata shareof the costs of maintenance incurred over the years, but he does not forfeit his interest.
Best regards.
Loren