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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 18812
Experience:  B.A.; M.B.A.; J.D.
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My mother passed away 2 years ago whithout a will. I have 2

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My mother passed away 2 years ago whithout a will. I have 2 brothers. I am trying to purchase the house from my 2 brothers. We each filed an affidavit of hiership. I started the paperwork with the mortgage company and recently had an apprasail done on the house. The house did not pass the inspection. The house needs much work before it can pass inspection and be re appraised. I asked my younger brother for help with the repairs, and he refused any help saying "That house is NOT my responsibility". I tried to explain that yes, the repairs are the responsibility of all 3 of us, yet he refuses to listen and refuses to talk to the real estate broker. The real estate broker said he would be willing to answer questions my brothers have. I am at loss how to proceed. My brother also refuses to deed over his share of the property saying he has the right to it, but refuses any responsibilty. What are options in this situation. Also I have not spoken to my older brother regarding this yet. Any help would be appreciated.
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My mother passed away 2 years ago whithout a will. I have 2 brothers. I am trying to purchase the house from my 2 brothers. We each filed an affidavit of hiership. I started the paperwork with the mortgage company and recently had an apprasail done on the house. The house did not pass the inspection. The house needs much work before it can pass inspection and be re appraised. I asked my younger brother for help with the repairs, and he refused any help saying "That house is NOT my responsibility". I tried to explain that yes, the repairs are the responsibility of all 3 of us, yet he refuses to listen and refuses to talk to the real estate broker. The real estate broker said he would be willing to answer questions my brothers have. I am at loss how to proceed. My brother also refuses to deed over his share of the property saying he has the right to it, but refuses any responsibilty. What are options in this situation. Also I have not spoken to my older brother regarding this yet. Any help would be appreciated.


Response: Well, your brother cannot have it both ways. He cannot refuse to help with the repairs, but yet claims to have a right to the property. What you can do, is to take care of the repairs yourself, then deduct the cost of the repairs from the sell price before you pay your brother's for relinquishing their shares to you. That is, your expenses for the house must be deducted from any sale proceeds before the proceeds are divided amongst all three siblings.



Make sure to keep careful record of your expenses. You would need the documents to prove that you are entitled to the deductions before the distribution of the sale proceeds to everyone.

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