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It has been five years and still Moms home and possessions are all in my brothers possession. According to the will half is to go to me and half to my brother. he is in the process of buying the home from me but want me to pay a 3% fee on the sale to him because he might sell it one day. Second he has indicate that he has all of moms possession and does not feel I am entitled to any thing. Do I have any recourse at this time.
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If the will states that there is to be an equal distribution between you and your brother then you are entitled to half of everything. You are entitled to half of the value of the house, now, and if he chooses to sell it in the future he can, but you do not owe him any 3% payment of potential commissions.
Answered on Nov 20th, 2014 at 1:19 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship