QUESTION

If my two brothers and I inherit my father’s house and one of my brothers owes money to the estate how do we portion in court?

Asked on Sep 27th, 2014 on Estate Planning - North Carolina
More details to this question:
Case in probate. Will was made final. Copy never signed and brother owes money.
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1 ANSWER

I am not sure what you mean by "copy never signed". However, in general terms, you cannot simply apportion the house to equalize the debt owed by your brother unless your brother agrees. Depending on the terms of the Will, the house transfers to the heirs outside of the Estate. Thus, it takes the agreement of all heirs to apportion the house other than equally. If your brother will not cooperate, then it is a mess because the Estate may have to sue him if there are not other assets (other than the house) to equalize the debt he owes.
Answered on Sep 29th, 2014 at 7:52 AM

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