Estate Law Questions? Ask an Estate Lawyer.
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What is the nature of the error?
Was this some type of calculation error where they thought they had more money than they did?
Or have additional expenses come in that had to be paid?
In the initial agreement was there a certain percentage that the beneficiary was to receive or just a set amount?
Ok, if there were additional costs that were left out and unaccounted for, then this would allow them to get out of the original settlement based on the legal doctrine of "mistake". This doctrine basically says someone can't take advantage of another person's calculation error if an agreement was made.
So if the costs are legitimate, then they would serve to reduce the amount available for distribution and a judge would allow the adjustment downward.
But you are definitely able to demand that they "show their math" and prove that this is a legitimate expense that should be deducted.
And for what it is worth, $56K in closing costs would only be reasonable if the house sold for over $900,000 factoring in a 6% realtor commission which is typical...
Ok, then a $56K closing cost is absolutely incomprehensible and can't possibly be accurate.. So yes, you definitely need to demand that they show their math and go over their numbers with a fine toothed comb to figure out how they can make such an error in calculations since it can't be accurate for a $56K closing cost..