Must A Will Go To Probate In The State Of Penna?
My father, younger brother and I all paid equal amounts in buying 3 acres of land and building a house on the land. My name was not put on the deed because the I told the broker I had a bankruptcy, and he said it might cause problems in getting all the paper work done.
So my father and younger bothers name went on the deed. we all paid equal amounts on the mortgage, utilities, taxes, and any improvements like landscaping and adding buildings.
My father had a will which states that all his property which is 50% of the 3 acres the house and belongings
must be divide among his three sons. My younger brother has the other 50% of the above. My father died 2 years ago and my younger brother as executor did not execute the will and now wants to kick me out of the house because he says he gets everything because he is the executor. I know this is not true, we paid a total of 180,000 for land and property, now seven years later it is assessed at FMV of 260,000 but that is not what we can sell it for Real Estate agents have told me the property could sell anywhere from 350,00 to 380,00. My brother wants to give me 57,000 dollars and my fathers car to make me happy, yeah right! Can I force him to execute my fathers will and make him sell the property and give everyone their equal shares as is stated by my fathers will?
My father ownes 50% ofthe house and land
Dave Clough :-?
your father's will must be probated (not executed - just me being picky here). AND, you'd better hurry. Inheritance taxes are due and payable in full within 9 months of death or penalty & interest start to accrue. You will need a lawyer to have your brother removed as executor and someone else appointed administrator to get things going.
You need a PA Estate Practice lawyer to represent you and your rights.
It's gone too far for a layman to try to represent himself.
So either spend some money now on attorney or prepare to lose your rights.