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Nate, Attorney
Category: Estate Law
Satisfied Customers: 10686
Experience:  Over 10 years of legal estate experience.
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MY MOTHERS will divided everything among her 4 children.

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MY MOTHER'S will divided everything among her 4 children. Three of the children read the will after her burial. The 4th could not be found and calls and texts went unanswered. A second will was also found,dated earlier, but had a few bequests. The second will was the same as the first except for the bequests and a final statement that if anyone fought over anything, they would get nothing. The three decided to honor both wills. The brother who was absent was insanely angry when he returned and been obstructing settlement ever since. He has retained a lawyer and says he will settle for 25% of the estate. This will wipe out all cash in the estate. In addition he wants 25% of the portion of the house that belongs to our cousin (it was jointly owned by my mother and my cousin)- what is our best option?
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Has the estate been settled and closed or is it still being administered?
Customer: replied 3 years ago.

It can't be closed yet. Three of us have signed the final accounting but the 4th won't.

Okay. Legally, the only will that counts is the most recently dated will. The law presumes a new will completely replaces an old will unless it states otherwise.

As for the final accounting, all the beneficiaries do not have to sign it. If he is trying to hold things up, the three of you need to retain your own lawyer to finish the process. If he has some reason to challenge the distribution his lawyer would need to take it front of the judge. If you have your own lawyer, you may be able to resolve this more quickly and to everyone's satisfaction.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Customer: replied 3 years ago.

What about his wanting to take his portion in cash?

He does not get to make that decision. If there is a dispute as to how the estate is to be divided the court would decide it. That's one reason why the three of you will be better with your own attorney - it would still be better if all of you can come to an agreement rather than letting a judge decide it.

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