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Can family members "opt" out of a family cottage inherited thru a Will expect to be paid for their "share" by the others?

My Grandmother passed away in March of this year. The will has been acknowledged but not executed as of yet, pending the sale of her primary home. A secondary home that my Grandfather built for "family" getaways which we call "the cottage" was also designated to go to her 5 children. Recently, a "witnessed" hand-written addendum to her will was found which states that she wanted $25,000.00 set aside in a fund to pay for future maintenance of "her beloved cottage". However, 2 of the 5 children have said that they will not use the cottage, therefore they want to be paid for their "portion" of the cottage and their portion of the $25,000.00. Can they expect this money since the will does not specifically state that they can do this if. It is a family cottage not intended to be sold "ever".

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Attorney answers (2)

Reputation Level 14
You should proceed to probate the will. You will not be able to sell the primary residence if it is in her name alone (or her and your deceased grandfather's). The provisions of the Will controll the distribution of her estate. If the Cottage was to pass to the 5 children, it is my opinion that they can renounce their right to have their names put on the Cottage but that does not simply mean that they are entitled to bought out of the cottage nor the $25,000.00 for upkeep. But, I anticipate that it will be a dispute settlement of the estate. I suggest that you contact a lawyer to assist in the handling of the estate. You may contact my firm at 412-788-7560 to discuss further. Mention that you read this answer on Avvo.
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Avvo Pro

Reputation Level 20
As to the cottage, the 2 children who don't want it can renounce the gift. That will leave them with no interest in the cottage, no right to a monetary equivalent and no obligation to contribute to maintenance. No one has to accept a gift that comes with obligations they don't want.
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