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Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 3991
Experience:  30 years of experience
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I have myself and four brothers one brother bought our

Customer Question

I have myself and four brothers one brother bought our parents home stating that when our Mother passes he will sell the house and divide the $ between the siblings in the sale of the house nothing in writing, Now he will gift 4 siblings $12.500 each but wants a document stating we each accept this amount as final. What do I need to do
Thank you
Submitted: 4 months ago.
Category: Estate Law
Expert:  Gerald, Esq replied 4 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 4 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am very sorry but I am pretty sure you are not going to like my answer.

Once your brother purchased the property and placed it into his name it is his to do with what he wants.

His oral promises to you are unenforceable because all real estate contracts must be in writing under state law. So you have nothing that you can bind him to. His offer of the 12,500 as a gift is just that. He is not legally obligated to pay you. What he is trying to do is avoid potential claims so that he can sell the house (or keep it) without concern. That is because in the US law suits can be brought on the slimmest arguments. Even if the suit will not succeed it can put a cloud on a property until it is resolved.

I can't tell you what to do, only you can, but it is very unlikely that you have a valid suit against your brother - assuming that he purchased the property outright and it is in his name.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Expert:  Gerald, Esq replied 4 months ago.

One thing to look into however.

He he "borrowed" the money from your parents to "buy" the house and he is making payments, he owes that money to the estate. He must pay the estate the money he owes.

That money would be divided among the heirs.

Good luck.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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