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Both parents have died, no will, last parents death 3 yrs.5…

Both parents have died, no...
Both parents have died, no will, last parents death 3 yrs.5 sibblings, 1 sibbling took advantage of Parents home and has sold it, people in house has paid 22k and have over
10k in repairing and adding to house. 4 sibblings didn't know what was going on where kept
in the dark. We don't mind selling the home and helping sibbling that sold home because
she committed fraud. she has a warranty deed on my fathers behalf. Probate Judge in Las
Cruces said that sibbling that sold house has committed fraud cause she is not a title holder
only owes half of house. There is a dispute between 4 sibblings and the one who sold home.
She does not want divide 5 equel ways. Judge said we need to go to district court.
Here is my question. do both sides need lawyers or only the one who has committed fraud?
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Answered in 3 minutes by:
6/29/2010
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6,516
Experience: Wills, Trusts, Probate & other Estate Matters
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Both sides need an attorney. The side of the 4 siblings needs an attorney to represent the interests of those heirs that were wronged by the actions of the 1 sibling. There simply is no way you can adequately protect yourselves and assert all your rights against the 1 siblings without an attorney because there are so many laws and procedural rules that come into play. You've probably heard it before -- and it's true -- trying to do something of this caliber is like you trying to remove your own appendix or do your own root canal -- just not as physically painful.

 

I believe I have answered your question. Your accept would be greatly appreciated. Of course, if I can provide clarification concerning your original question, please let me know.

 

 

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You understand that your use of or communication on this forum, in any and all ways, is intended for general informational purposes only and shall not constitute and/or be relied upon as legal advice or be construed as creating an attorney-client relationship. Further, you agree not to rely on anything I say and will obtain appropriate legal and or tax advice with an attorney or other professional licensed to practice in the jurisdiction where your legal or other issue arises.

 

 

Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6,516
Experience: Wills, Trusts, Probate & other Estate Matters
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Customer reply replied 8 years ago

I agree on your answer but we don't know if we can afford a lawyer. Do you have an idea on the rates on going to settle an issue at district court in Las Cruces, NM.?

My sister, even though we gave in and tried to help her by going to probate and title

transfered to our name, which she agreed she would not be on title sinse she has taken

more than her share. She has not thanked us and is very haughty. Is it better to still settle this at probate. Lady in house will still honor contract but will pay us the rest of

what is owed. Please give us your best suggestion. thank you!

When this sort of mess is created, it's difficult to decide how to best remedy it. If you're willing to work this out with the one sibling, I think probate court is probably the best way to go, assuming you can get the one sibling to sign of on any necessary documentation. You really do need an attorney help sort through this. It will probably cost around $5,000.

 

I believe I have answered your question. Your accept would be greatly appreciated. Of course, if I can provide clarification concerning your question, please let me know.

 

 

_________________________________________________________________________________________________

 

 

You understand that your use of or communication on this forum, in any and all ways, is intended for general informational purposes only and shall not constitute and/or be relied upon as legal advice or be construed as creating an attorney-client relationship. Further, you agree not to rely on anything I say and will obtain appropriate legal and or tax advice with an attorney or other professional licensed to practice in the jurisdiction where your legal or other issue arises.

 

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