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I want to sue to get my inheritance?

Orem, UT |

I am one of nine siblings and the living trust my parents had was so after the death of both all personal and income property would be sold. It has been over 60 days and they sold a income property for $154,000 when it was worth $200,000 or more. I am worried my brother is just selling so low to sell it and now he wants to sue for a property that he claims is worth $700,000 that was lost by our mother when she was alive.

Attorney Answers 4

Posted

You will need a probate litigation attorney to pursue action on this. I doubt, based on what you have said, that a court would take your brother to task on the sale of the property. Your share in this is low enough that it probably would not be worth pursuing. As to the other lawsuit, if it is successful, you would stand to receive a substantial amount of money. Is there any reason not to pursue the claim? If there is, it may an issue that your attorney could petition the court to get direction on.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Asker

Posted

So $50,000 is not worth it? If the properties were or are sold at county estimated then my portion is 50 k. As for the other lawsuit we as siblings signed agreement that mom or dad could do what they want with the land once one died. The apt building in question has 4 apts but serious structure issues and it just qualified for 4 apt rentals. It has always been due to city regulations was a duplex. But thank you.

James P. Frederick

James P. Frederick

Posted

$50k divided by 9 is a little over $5k. I am not sure how YOUR share of $50k is $50k, based on your facts. If the amount in question is $5k and you need to pay an attorney to get it after suing your brother, that would not be worth it to me. As for the other property, if you want to disclaim it, that would get you out of it. I am not sure why you would, if you would get money out of this. If you feel the lawsuit has no merit and you do not want to be a part of it, I would see if you can cash out your share of the rest and let your brother roll the dice on his own.

Posted

Hire an attorney to deal with your concerns.
You won't be able to deal with this yourself.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Asker

Posted

What type of attorney? Estate? Or general law?

Posted

I concur with my colleagues that you will not be able to handle this on your own. You can use the "Find a Lawyer" link on this Avvo website to find a local attorney who may be able to assist you and help you evaluate what, if anything, you should do.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting.

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Posted

Fighting about the value of the sold property is likely not going to be beneficial. There are so many factors that are involved in a real estate transaction and the court will prefer the property sold than to sit unsold for a long time because no one is willing to pay the higher price.

As for the other issue, there is not enough information to adequately answer the question. You should consider obtaining as much information as possible and then seek the advice of an attorney.

** LEGAL DISCLAIMER I am licensed to practice law in the State of Utah. My practice includes the areas of landlord/tenant litigation. I am ethically required to state that the above answer does not create an attorney/client relationship. My responses should be considered general legal education and are intended to provide general information about the question asked. Many times, the question does not include important facts that, if known, could significantly change my answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state.

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