Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I have a question my mother died 2015 in the will 2 house is

Customer Question
hi my name is *****...
hi my name is ***** ***** have a question my mother died 2015 in the will 2 house is half and half me and my brother. i want the house with house which is a high value than the another house. i would like to know do i have to give my brother the difference the value of the2 house or buyout him the difference
Submitted: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 hours by:
8/14/2016
Estate Lawyer: retireddebra,
 replied 1 year ago
retireddebra
Category: Estate Law
Satisfied Customers: 102,591
Verified

I am sorry for you loss.

Does your brother agree to sell you his portion of the higher value house?

Whose names are ***** ***** in now?

Has the estate been wound up?

If not then who is the executor?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
we sign the transfer of house I got the house high value but I have to paid the difference between my house and the house he got my brother. he is the executor my brother..did I get cheaped with the amount or was I only give him the difference .
Estate Lawyer: retireddebra,
 replied 1 year ago

So are you saying the more expensive house is in your name and the other house is now in your brother's name?

Are you asking if you have to pay your brother the difference in value?

Was that what was agreed to before the transfer?

Are you asking how to calculate what you owe him?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
I want to know what what is the right calculateI owe him but he already took the money for difference which is the value of my house minus the house he got is less which is the different.
Estate Lawyer: retireddebra,
 replied 1 year ago

So you mean he took the difference from the total estate or from what he paid you?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
for example my house is value 673,000 and the another house 509,000 he took the two amount minus I got the difference
Customer reply replied 1 year ago
he took the difference sorry
Estate Lawyer: retireddebra,
 replied 1 year ago

But did he take that from the total of what was in the estate or from your half. It matters and once you let me know the answer I will explain why.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
because the value of my house is more so his took house is less value the different
Estate Lawyer: retireddebra,
 replied 1 year ago

I understand all of that but what I am asking is did he take the money that was the difference from what was in the estate in total or did he reduce what the estate owed you?

Here let me just explain.

I will use your numbers.

The difference is $164,000. But you don't owe him that.

If you paid him that amount of money then end up with the total of $509,000 but then he ends up with the total of $673.000.

If you are paying him an amount to make your values equal you have to pay him $82,000.

But if he taking the money from the estate account, then he would take the full amount because he is owed half of the estate account and so are you (I am assuming you both share the full estate).

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
he took 162,000 sorry I was off the amount yes that what he took is that correct
Estate Lawyer: retireddebra,
 replied 1 year ago

But the point is did he take it from the estate account or from what was coming to you?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
he took more than what support to take right he took my share more is that what you are saying.
Customer reply replied 1 year ago
he was support to take only 82,000 and not 162,000 what do I do now can I call him let him know it wrong.
Estate Lawyer: retireddebra,
 replied 1 year ago

You can show him this post.

And you can say, let's sit down and add up what we each got from the estate.

The totals must be equal.

They will not be if you ended up paying him the full difference.

He should see that.

If not you may need a lawyer to send him a letter.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
but he wanted because to be equal with the value
my house 673,000 and the house 673,00
Customer reply replied 1 year ago
he has
Estate Lawyer: retireddebra,
 replied 1 year ago

But he has done it wrong.

Now is total is $84,000 higher than yours. He made a mistake.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
he took 509,000 plus 162,000 equal 671,000 that what I think he did
Estate Lawyer: retireddebra,
 replied 1 year ago

So he is ahead unfairly and incorrectly.

He has a higher total.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
i just explain to my brother he screamed let the notary explain it to you I am mad
Estate Lawyer: retireddebra,
 replied 1 year ago

He is mad as he wants all that he took but he is not right so have the notary or a lawyer write him a letter.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
the notary told me first he said 162,0000 he made a mistake than he said 81,000
Estate Lawyer: retireddebra,
 replied 1 year ago

So the notary has to tell your brother he was wrong.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
basically if like you said taking for estate account than he would take the full amount because he owe half right so the calculation is right.giovanna
Estate Lawyer: retireddebra,
 replied 1 year ago

Exactly!

Ask Your Own Estate Law Question
Estate Lawyer: retireddebra,
 replied 1 year ago

Really it is easy to see if he did it right.

Add up the total of what you have and what he had and it should be the same.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
you made me call for nothing so upset screaming at me
Estate Lawyer: retireddebra,
 replied 1 year ago

That is not correct. I asked you many times where the money came from and I explained that it mattered if it came from the full estate account or from what he was paying you.

I explained it several times but I guess you did not understand me.

And I also explained how to check what was right.

You need to both walk away exactly equally.

If you did it is right. If not then it is wrong.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
he was not paying me I give him 162,000
Estate Lawyer: retireddebra,
 replied 1 year ago

Then he is wrong.

Let me use a simple example.

Please wait while I write it out.

Ask Your Own Estate Law Question
Estate Lawyer: retireddebra,
 replied 1 year ago

There are 12 $20 bills.

He gets two and you get 10 but it is supposed to be equal.

It is not because he has $40 and you have $200.

The difference is $160.

If you gave him $160 he than has $200 but you have $40.

To make it fair you give him 1/2 the difference.

So you give him $80. He than has $120.

And you also have $120.

It is fair.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
first you said he is right now you said he is wrong which is it
Estate Lawyer: retireddebra,
 replied 1 year ago

You are not understanding my explanation and I've tried over and over to explain it in different ways.

Please just simply answer the one question I have asked many times that you have not answered.

How was the difference paid.

Did you give him your own money?

Did he take the difference from the estate account?

Did he reduce what you were entitled to?

What did you both get at the end?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
already answered the question for estate account
Estate Lawyer: retireddebra,
 replied 1 year ago

No you keep saying different things. You even said you paid him the money.

If he took the money from the estate account first and then gave you each half of what was left that is correct.

If he instead divided up what you were both to get and then took the difference from your payout and added it to his he was wrong.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
explained the money paid from the estate account what do you mean the question on difference from your payout
Estate Lawyer: retireddebra,
 replied 1 year ago

I will use one more example and then I think you will understand.

There is a joint bank account of $500.

You owe your brother $100 because you have a $200 watch and he has a $100 watch that were gifts to share.

He takes $100 out of the account.

Then he gives you each $200. Is that fair?

You have $400 value in total. He has $400 value in total. Yes it is fair.

But he can also say we each get $250 so I am taking my $100 of your $250 and he gives you $150.

Is that fair. NO! You have a total of $350 with the watch and he has $450 with his watch.

So it depends on when and how he made up the difference.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
but the house the value is higher mine should to be even his lower the value of the house he took the value my house is higher and he is lower to make it even value my property is higher and his is lower minus the differences 673,00 -509,000 equal
162,000 he took for the estate account
Estate Lawyer: retireddebra,
 replied 1 year ago

I know that. That is why in my example the watches have different values.

Just take pen and list what you got from the estate and total it.

In another column make a list of what he got and total it.

It has to be the same.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
he took the difference 162,000.00 for the house plus 160,000.00 and give me 160,000.00
Estate Lawyer: retireddebra,
 replied 1 year ago

This is the last time I can try because I have spent much too long with one customer.

How much did he get in total including the value of the house? This is after he got all the money from the estate and made up the difference.

How much did you get in total including the value of the house and after he took the difference from you?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
i told you 162,000 the difference on house and split the estate160,000.00 for me and 160,000.. for me
Estate Lawyer: retireddebra,
 replied 1 year ago

You aren't answering me.

I've asked for each of your full totals. That way we can see if the end result was fair as you don't understand exactly when and how he took the money.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
162,000 plus 160,000.00 for my brother 322,000.00 and 160,000.00 for me
Customer reply replied 1 year ago
what do you mean full totalof the estate talking about
Estate Lawyer: retireddebra,
 replied 1 year ago

So are you saying that when you look at all you got from the estate you have $160,000 and the house?

And he has $322,000 and his house?

If that is the case then you have $673,000 plus $160,000 = $833,000.

He has $322,000 plus $509,000 = $831,000

So if that is all that happened then it is correct.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
that right
Estate Lawyer: retireddebra,
 replied 1 year ago

Is it clear now?

Ask Your Own Estate Law Question
Estate Lawyer: retireddebra,
 replied 1 year ago

OK

I hope that helped you gain a good understanding of how this works.

Thanks and take good care.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
thank you
very much
Estate Lawyer: retireddebra,
 replied 1 year ago

You are very welcome.

Ask Your Own Estate Law Question
Estate Lawyer: retireddebra,
 replied 1 year ago

Is there anything more I can assist you with at this point in time?

Ask Your Own Estate Law Question
Ask retireddebra Your Own Question
retireddebra
retireddebra
retireddebra
Category: Estate Law
Satisfied Customers: 102,591
102,591 Satisfied Customers

retireddebra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Wealth Management Question When the Estate tax is supposed
Wealth Management QuestionWhen the Estate tax is supposed to be paid in case If one buys his son a house as a gift while he is still alive? Does the son need to pay the taxes immediately after his fat… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
If there is sale of property in an estate, is the allocation
If there is sale of property in an estate, is the allocation of funds up to the executors or all the heirs?… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I am one of the beneficiaries of my grandparents estate. In
I am one of the beneficiaries of my grandparents estate. In the closing documents, my grandparents put in a paragraph regarding the trust for my aunt. It states that the bank which is currently the tr… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Is the executor of an estate responsible for deceased's
Hello,Is the executor of an estate responsible for deceased's credit card debt . Deceased had no property and no car just a few certificates of deposit she left to her daughter who is the wife of the … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an executrix of an estate. We are selling Real Estate.
I am an executrix of an estate. We are selling Real Estate. I was notified that in order to get Title Insurance the insurance company needs me to fill our a questionnaire. They are asking if Fed/State… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Are you an estate lawyer? Mother and father divorced. Fathet
Are you an estate lawyer? Mother and father divorced. Fathet signed house share of the house to ex wife under rights of survivorship which is indicated on deed. … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I was just corresponding with Barrister, an Estate Lawyer. I
I was just corresponding with Barrister, an Estate Lawyer. I have another question. I am the Executrix of my father's estate. My step mother who has Alzheimer's and lives in a memory care unit will re… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Inasmuch as the current federal estate tax for 2010 is zero
Inasmuch as the current federal estate tax for 2010 is zero (until changed), it is important to know whether there is a 100% carryover basis for estate assets or whether there is an allocable $1.3 mil… read more
Bill
Bill
Master's Degree
2,278 satisfied customers
My sister is the executor of my parents estate. The will
My sister is the executor of my parents estate. The will states that everything is distributed 50/50 (just 2 of us). My mom passed away May 2016 and my dad December 2016. The house was sold in June 20… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
The question regards to an estate if there was a will naming
Hi the question regards ***** ***** estate if there was a will naming 2 family members each get 50% of the bank accounts normally how long does it take to transfer the assets?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I"m an executor of an estate that has designated real estate
Hello - I"m an executor of an estate that has designated real estate to be inherited by a relative. There is no mortgage associated with the property.The issue is that the estate, without the property… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
This is regarding an ESTATE if the named beneficiary (who is
this is regarding an ESTATE if the named beneficiary (who is not in the will), they have to turn over the 401k assets from the deceased to be dispursed according to the will?? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have more estate issue: right to occupancy vs. life estate
I have more estate issue: right to occupancy vs. life estate and what it means if a tenant is renting outside the primary residence. The deed is set up 50% trustee (me) and 50% stepmom's trust. Trust … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
475 satisfied customers
Does CO Estate or CA estate law, since the home is located
Does CO Estate or CA estate law, since the home is located in California, require the home to have an appraisal at a required point in time after the death of the decedent whose home is in a trust?I a… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x