Can I get an injunction to stop my brother selling our family summer house?:
My brother and I hold equal shares in our family summer house according to the terms of our Mom's will.
Mom did not want the house sold to third parties, so she set up hoops to jump through. First step under the will is written notice of intent to sell, then follows a right to purchase period. If this right is invoked, then there is an appraisal process to determine fair market value for a share.
Brother had appraisal done under false pretext BEFORE providing written notice and he also took steps to prevent me from observing appraisal.
Brother then sent notice of intent to sell, which relied on this appraisal to establish value. After I pointed out violations of will, Brother now claims he does not have to follow will. Brother says he soon plans to petition court to order judicial sale of the property.
In the short term I want an injunction to stop him from proceeding any further in his effort to sell the house, and ultimately an order from the court that declares his actions invalid under the will and compelling him to follow its procedures.
Are my property rights in danger now? How soon should I act?
Steven’s answer: I also agree with the other posters - but I do not think an injunction would be necessary. Hopefully the executor has a lawyer that you or a lawyer on your behalf can speak to.
I inherited a duplex in Pa. I want to give 1/2 to my son and 1/2 to my cousin .There are back taxes owed on the duplex. : I inherited the duplex I do not want it they're back taxes out on it. I would like to split it between my cousin and disabled son. Can I do that and have them pay the back taxes
Steven’s answer: Well my first question would be - if you inherited, was the estate of the deceased person properly handled through probate and do you now have the property in your name by deed (and therefore the legal ability to transfer it). If the back taxes are not paid, the answer is probably not but that is still the first question. Once the first question is answered, if you own the property you can do whatever you want with it in terms of giving it away. Now whether or not that is actually the best course of action or not is a different story. For example, if you are giving property to a disabled person - what do you mean by disabled? And is that person on benefits that would preclude them from owning property or come with some other consequence. The best way to proceed is to meet with an attorney who handles probate and estate planning matters. Obviously you are in the attorney forum so you can contact any of the lawyers who answer your questions or do a general search.
Pennsylvania if someone dies without a will.:
When someone in Pennsylvania dies without a will - they have no spouse, no parents, no children; they have 3 living sisters & one deceased brother. The deceased brother has 1 child. Is the estate divided equally only among the 3 sisters OR does the child of the deceased brother receive his portion - so that the estate is divided equally among 4 people ?
Thank you.
Steven’s answer: The deceased brother's child would inherit ¼ in your example. The heirs would have to agree on who the administrator would be as well.