How to do use a promissory note for my brother on inherited property?
My brother would have been happy if all of died and he inherited it all.
I thank you.
1 attorney answer
The question does not make legal sense. As the sister outlived the parent the sister's name cannot simple "drop off." Further, it is not clear if the property was probate or TOD. If probated, probates courts are liquidation courts. They exist to effectively and efficiently liquidate an estate's assets. Therefore, unless all creditors and beneficiaries and the court agrees a probated estate will not accept a buy out over time. It will require an immediate flat purchase of the other sibling's share. A visit with an experienced probate attorney would be money well spent.
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