Skip to main content

My mother died and left property to my older brother.

Winburne, PA |

Stipulation in the will is if and when the property sells the funds from the sale are distributed equally among surviving brothers. The brother that inherited it transferred the property to a nephew for one dollar. Is that legal or should it be fair market value.

Attorney Answers 3


  1. The answer will depend on the exact in the will, as well as other facts. You should consult with an attorney.

    Marshall Chriswell
    Attorney at Law
    30 S. Second St.
    Clearfield, PA 16830
    888-438-5977

    This communication does not constitute legal advice and does not establish an attorney/client relationship. If you are seeking legal advice, feel free to contact our offices.


  2. A lawyer needs to review the will. It does not seem the brother had full title in the property. You need to consult a local attorney immediately.

    The advice given is general in nature and consultation with a lawyer is neccssary.


  3. I agree with both of the other responses. You need to have the Will reviewed in detail. Whether or not there is recourse is likely to depend on the express language that was used. I would think that you have a really good argument that your brother violated the intent of the provision, regardless.

    James Frederick

    *** 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.

Probate topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics