My mother died and left property to my older brother.

Asked about 2 years ago - 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. Marshall D. Chriswell

    Contributor Level 11

    4

    Lawyers agree

    1

    Answered . 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... more
  2. James Paul Coletta

    Contributor Level 8

    3

    Lawyers agree

    Answered . 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. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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