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My Dad passed and I have a will that makes me a executor of the estate but my brother has lived with him and had power of attorn

Exton, PA |

My Dad passed and I have a will that makes me a executor of the estate but my brother has lived with him and had power of attorney and said he has a will that is different from mine but want to split it 50/50. I want to settel the estate sometime soon, But it seems to me that he has no plan on setting soon but wants to still live in the house for free when I would like to sell it and move on. What are my rights and what should i do!!!

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Attorney answers 3

Posted

The power of attorney which your father delivered to your brother died when your father died. The distribution of the estate is determined by the terms of the will. If there are two different wills, the terms of the latest will prevail unless there is evidence that the will is invalid due to the existing of circumstances such as lack of mental capacity, fraud or undue influence.

Based on your comments, it seems that your brother is the classic freeloader who has no intention of leaving the property voluntarily. I would recommend that you hire counsel to enforce your rights under your father's estate plan. Good luck.

This response does not constitute the establishment of an attorney-client relationship. It is also not to be taken as firm legal advice as such would be contingent on a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter. The response is meant to be a helpful guide to a question in a manner which reflects the limited information provided by the inquirer.

Asker

Posted

can I charge him for living in the house if he plans on draging this on....

John B. Whalen Jr.

John B. Whalen Jr.

Posted

That depends - a judge just may very well state that rent would be charged. I have seen that happen. Please be proactive and try to settle this before it must be decided by a judge. John

Asker

Posted

Being proacttive is easy if he was not living in the house that he will not let me come over too, to see what is there and if he was working on what needs to get done and not playing on his boat one week after my Dad passed. I would love to see the other will that he he said he has. I gave him a copy of the will that I have and He said that he has all year before he has to get anything done with the house....i f he wants to buy me out that is fine but how long should I let him play games. all I want is to sell and move on with out it being decided by a judge to....thanks of your answer.....

Asker

Posted

Being proacttive is easy if he was not living in the house that he will not let me come over too, to see what is there and if he was working on what needs to get done and not playing on his boat one week after my Dad passed. I would love to see the other will that he he said he has. I gave him a copy of the will that I have and He said that he has all year before he has to get anything done with the house....i f he wants to buy me out that is fine but how long should I let him play games. all I want is to sell and move on with out it being decided by a judge to....thanks of your answer.....

John B. Whalen Jr.

John B. Whalen Jr.

Posted

You are very welcome. If you have a Will that your father executed, you could Probate it. If it is not the latest Will (and your brother has a later dated Will), it will force him to produce it. If he cannot, you will then have the ability (as Executor) to put the house up for sale.

Posted

My deepest condolences for your loss. Ultimately, you will need to determine which will is valid. A well-drafted will usually contains a provision that revokes all previous wills, meaning that the will with the most recent date is probably the valid one. If, however, the more recent will does not contain such a clause, parts of both may still be valid. You will probably have to have an estate attorney in your area examine both wills to determine their status. Note that now that your father has passed away, your brother's power of attorney no longer has any legal effect. The power to administer the estate rests with whoever is the executor of the valid will. Once you determine which will is valid you will have to offer it for probate before you can start disposing of the property in the estate. A probate lawyer in your area can help you with that as well.

This is a general statement based on the limited information provided. It is intended for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship.

Posted

My condolences on your loss.

The Power of Attorney is no longer valid - it ceases at someone's death.

The Executor of the Will then has the power (and duty) to settle the affairs if your Dad.

As previously stated (and from what I Infer), it appears that there is friction.

Although I rarely encourage the hiring of an attorney (it is self-serving) nor ever disparage someone's family member (after all - he is still your brother), I would suggest that your brother and you quickly attempt to put out this fire before it becomes something that both of you may regret.

Good luck - at least, to me, nothing is ever worth breaking up a family. I am sorry you are experiencing this.

John

The information provided herein is not legal advice, not does any communication. No attorney-client or confidential relationship is or should be formed by use of the site. John B. Whalen, Jr., Esq. http://www.whalenwillslaw.com/

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