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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36642
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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There are three of us and the we are brother and sister and

Customer Question

there are three of us and the we are brother and sister and one brother is asking for us to give him his share without going through probate and he is the executor can he do that
JA: Estate laws vary by state. What state are you in?
Customer: wv
JA: What documents or supporting evidence do you have?
Customer: he just comes and harrasas us and tells us to keep it out of court
JA: Anything else you want the lawyer to know before I connect you?
Customer: no mam
Submitted: 7 months ago.
Category: Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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What assets are there in the estate?

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Is there land or other real estate?

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How would you and the other sibling give him his share if he is the executor named in the will?

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thanks

Barrister

Customer: replied 7 months ago.
we would try for a home equity loan just for his share
Customer: replied 7 months ago.
it just went into probate
Customer: replied 7 months ago.
just land
Expert:  Barrister replied 7 months ago.

Ok, is the property in the deceased person's name? (your parent?)

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Or is it in your and sibling's names already?

Customer: replied 7 months ago.
my dad and mothers
Customer: replied 7 months ago.
he jus trying to make us homeless
Customer: replied 7 months ago.
told us to keep it out the courts
Customer: replied 7 months ago.
we already appealing him as executor
Expert:  Barrister replied 7 months ago.

Ok, then there is no chance that a bank would give anyone an equity line on the property because right now, the estates own the property, not you or your siblings personally..

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So no, he can't go around probate to get his share because as executor, he has a legal duty to gather all assets, pay all debts, file an inventory, pay any taxes, file an accounting, and then eventually distribute the surplus assets to the beneficiaries of the will.

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Nothing can be done to transfer the property out of parent's names unless their estates are settled.. Once the estates are settled and the property is transferred into all your names equally, then you could buy out his share if you and the other sibling can get a loan from the bank to do so.

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thanks

Barrister

Customer: replied 7 months ago.
ty
Expert:  Barrister replied 7 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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Have a great evening!

Barrister