Estate Law Questions? Ask an Estate Lawyer.
Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
It is complicated now of course. Was there a written sales contract between your Brother and Nephew?
Since the home is still in your Brother's name, then it would go to your Brother's heirs. It appears that the agreement between the Brother and Nephew would be null and void because it was not in writing. Yet, possibly the nephew's heir can claim they should be reimbursed. In any effect, in order to sell the home, someone has to open an estate proceeding on behalf of your brother to probate the will. Any payments among you and his kids would have to be worked out. We can continue to discuss.
The will is not a sales contract. If the nephew bought the home before your brother died, it would be the nephew's home. A deed would have been filed with the county reflecting his ownership. If there is no deed signed by your brother to your nephew and there is no sales contract, it would be hard if not impossible to proof the sale took place. If it did, his wife could claim she now owns it. But there was no sales contract and no deed. So, it can be argued that the sale did not go through. Yet the nephew paid something and may be entitled to reimbursement to his wife. Plus she could possibly be reimburse for expenses, although she would be paying rent. So, the only way to resolve all this is to probate the will to transfer the property through the terms of the will. The wife would then make a claim against the estate. The kids and wife could reach some sort of settlement. We can continue to discuss.
It is not fraud per se. Anyone can pay someone else's bills. It would be fraud if she is pretending to be him. We can continue to discuss if you would like to do so.
I understand what you are getting at. If someone is attempting to "step into the shoes" of a dead person, it would be fraud. However, when someone dies, the estate representative can continue to pay bills on behalf of the decedent until the estate is settled.
Yes. It should be done expediently, within a few months; and if not, there must be a justifiable excuse why it has not been done.
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