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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16390
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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I have lived with my deceased mother 3 years. She passed in

Customer Question

Hello,
I have lived with my deceased mother for almost 3 years. She passed in feb 2015. When I first moved in with her, my husband and I were having problems. She, in turn, was worried about him getting half of anything she left me. In her will, all financials were left divided equally between my brothwer, sister and I. She left the condo to my brother and sister only, telling my brother verbally that she wanted me to have a third of it. He agreed, of course. She told me that she did this and was afraid she had made a mistake. We called her lawyer right away, and she expressed that she wanted to change it back. The lawyer sent us the form to have her sign and get notarized. She went downhill rapidly. I had the form, but felt very greedy about asking her to sign it while she was in such a condition, thinking I would do it when she got a little better. It never happened... She also told me many times that I should buy my brother and sister out when she was gone.
My brother and sister now want to sell the condo and get done with it. I want to buy then out, but they want too much for it.
What are my rights, if any, in this situation, especialy since it is my home now?
Thank you so much
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Unfortunately, any verbal wishes of the deceased are not legally valid when the deceased has left a valid written Will and if one of the heirs / children of the deceased wishes to challenge the validity of the final Will, then a local probate attorney would have to be hired and this local probate attorney can file a Petition to Contest the Will (if feasible upon review of the entire situation).

Unfortunately, aside from hiring a local attorney to contest the Will in court, the heir / child who did not inherit any interest in the condo property of the deceased, would not have any legal rights to such condo property.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex Esquire replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

Expert:  Alex Esquire replied 1 year ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

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