Mother passed no will. House sold a year later at tax sale. She had been in nursing home for 3 years. He deposited check and gave what he considered "my share" He deducted a fence and AC unit he put in years before she was even ill. Is this legal?
No. You can petition to reopen the estate, and require an accounting to account for the funds from the tax sale and how they were applied. The court can order he return the improperly deducted funds. Whatever he put into the house “years ago” was a gift, but if he wants to claim it was a loan, then he has to prove that, and make a proper claim against the estate. Of course, he’s beyond the time for asserting a claim, and you can contest it.
It sounds like the house was not part of your mother's probate estate. There may have been some kind or joint tenancy deed or transfer-on-death deed that passed title to the property to the PR. You should consult an attorney. He/she can check the property records and determine what exactly happened and advise you accordingly.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
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