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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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In 2008 my father died. In 2009 my mother died. Three

Customer Question

In 2008 my father died. In 2009 my mother died.
Three children, myself (daughter) and two brothers survived. One brother said of the will (which left everything of my parents' to the three of us) that he did not want anything and for the other brother and myself to spend the money (about $200,000) as we needed. So my brother and I did not split any money, just used it as we needed to, probably spending about the same amount. I did not and had never owned a house. During the probate settling the brother who wanted nothing was diagnosed with laryngeal cancer. During his illness, both brothers decided that I should have the security of a house and that that would be money well-spent from our parents' estate. Nothing was ever said about repayment. We were all three present when I signed the deed for the house, which was in my name only. After 3 1/2 years, the brother with cancer passed away, leaving his entire estate to my other brother and me. I did not want to sell his house right away. Last fall, 2 1/2 years after the death from cancer, we sold the house. On the way to the closing, when my remaining brother knew I would be getting half the money for the sale of the house, he told me that he wanted me to give him his 1/3 of the money we had spent buying my house. I had already decided that I should do this, or as much as I could. I am retired, living on pension and SS and have a small 401K, plus 1/2 my deceased brother's 401K. Both 401K's equal about $100,000 before taxes. I was a little shocked at my brothers statement but felt it was fair. However, then he said he was entitled to half of my other brother's share, although he was alive at the time of the purchase of my house and had never asked for a penny. My question (after all this explanation, which I hope you can interpret) is, Is my remaining brother entitled to 1/2 of my deceased brother's 1/3 of my house, although he was alive at the time of purchase and had never asked for anything, either from me or from my parents' estate? I hope my question has not gotten too confusing and that you can help me.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

Did your brother's estate go through probate? I think you said this, but I wanted to make sure, is your brother on the deed of your house and did you sign any papers such as a mortgage on the house to repay your brother?

Expert:  Christopher B, Esq replied 1 year ago.

Are you there? If you answer my questions, I can get the answers you are asking for.