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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 11783
Experience:  JD, MBA
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IF MY BROTHER AND i INHERITED MY MOMS HOUSE IN 2006 AND I

Customer Question

IF MY BROTHER AND i INHERITED MY MOMS HOUSE IN 2006 AND I HAVE LIVED THERE ALL THIS TIME, PAYING EVERYTHING, TAXES,INSURANCE ETC. ALSO I HAVE MADE IMPROVEMENTS TO THIS HOME OF OVER $20,000. OF WHICH HE PAID NOTHING. NOW HE
WANTS ME TO BUY HIM OUT AT TODAYS VALUE OF THE HOME AND I THINK IT SHOULD BE THE VALUE OF THE HOME IN 2006 WHEN SHE DIED. WHICH IS THE RIGHT WAY, WE LIVE IN MINNESOTA
Submitted: 5 months ago.
Category: Estate Law
Expert:  TJ, Esq. replied 5 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Your brother is a half owner of the house as of today, so today's value is used. However, you would be entitled to reimbursement for 50% of the taxes, insurance, maintenance, etc. It's possible that you could also be reimbursed for part of the $20k improvements, although he can argue that they weren't necessary, that you didn't get his consent, and that you improved the property at your own risk and expense. So that last issue could go either way.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 5 months ago.
would this reimbursenment of the 50% be from the date I made the first payments in 2006
Expert:  TJ, Esq. replied 5 months ago.

Hi again.

He does have the argument that the statute of limitations applies and that you cannot collect for many of those years. But that only applies if you were to sue him. If he wants to make a deal, then you can demand that he pay half. Also, it's not certain that you can't collect all the way back to 2006 if this ends up in court. For example, a partition suit is equitable in nature, and a judge may not have to pay attention to the statute of limitations in that type of case.

Expert:  TJ, Esq. replied 5 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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