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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6775
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Im on property deed with deceased mother's name. She had a

Customer Question

Im on property deed with deceased mother's name. She had a will, I am executor, she wanted me to subdivide property to surviving siblings. Must I di that?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Irwin Law replied 1 month ago.

Possibly. The way you describe the situation is that your mother put your name on the deed with her and explained to you that you were to subdivide the entire property between you and your siblings after she passed away. If that is provable in court, then a court could find that you were a constructive trustee of the property and that you are legally obligated to do what your mother wished. That would require a very complicated and expensive lawsuit. Of course it can be argued to the contrary, that if she really wanted you to do that she would have said so in her will There are other arguments that can be made both pro and con. Some moral, some legal, some equitable.

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