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Start budgeting for free today. I have
It's kind of an emotional question, but
basically our our brother-in-law has not
done what he was expected to do as the
executive of a will that we would be
involved in. And it's got to the point
where we would need a lawyer.
So, that is my question. Should we
pursue a lawsuit even if we don't have
the money for a lawyer?
But we we would probably have the money
once the lawsuit was settled. Well, you
got to tell us more. Make make your case
for us here. Okay. So, my father-in-law
passed my father-in-law passed away in
2018 and left everything to his wife,
which is my stepmother-in-law. Mhm. She
passed away in 2020, leaving everything
to her son and which is a stepbrother
and then and then two other brothers.
Mhm. The stepbrother that's the
executive of the will went and sold
everything in the house. Sold the house,
the land, all of it. Okay. Behind our
back. Behind our back. That was not the
stated wishes of the will. No. What were
the stated wishes that that that the
three beneficiaries were her son and
then the the other two brothers? And is
one of those your husband? Yes. Okay.
How big was this estate? Do you have any
idea? The house sold for about It was
listed at 795,000.
Okay. Anything else?
Everything that was in the house. Um
tractors, cars, everything. I mean, he
had two acres. What do you think it was
all worth? Um, speaking to a lawyer,
they said we it would probably be about
a h 100,000 for everything in the house
because we don't have any documentation
for it. So, we're talking about 900.
Mhm. Yes. So, you'd be owed about 300 at
the end of this if all things had gone
to plan. Yes. Minus the the back taxes
that were paid when the house sold. How
much was that? and um not very much,
less than 50,000. Okay. Um but he also
did a complete remodel to the house that
we didn't know about either. I don't
know if that is in the consideration or
not. So, let me just make sure I
understand this. The will said
everything was supposed to be split
three ways amongst the brothers. One
brother said, "Forget that. I'm going to
sell all of this myself." Yep. And then
where is that money? like he so he sold
the estate, he sold the property. Where
is the money? Do you know? Hey, sorry
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Where is the money? Do you know he's got
it? And how long over what period of
time did all of this happen?
Um, well, I accidentally came upon the
house being listed on Zillow when I was
looking at land prices in that area.
Uh-huh. I saw the the house that my
father-in-law built on Zillow. When? Um,
this has been going on a little bit
before the house sold in October. So, a
couple months before that la October of
last year, 2024. Yes. Yes. So, when that
happened, did you guys go to him and
say, "Oh, so you just sold everything
like, okay, so you're going to divvy it
up three ways." And then he said,
"What?"
Well, he is not talking to us. He won't
answer calls. he won't return anything
from his lawyer.
And we found out that the only thing
that his lawyer has for us is a
cashier's check for $5,000.
And you said, "What's this for?" And he
said, "What?" They didn't they didn't
say. And so then did you then go to
whoever the lawyer was who first, you
know, read the will and said, "This is
the executive." You went to him and what
did he say? He the my brother-in-law
won't return any phone calls to the
lawyer.
Got it. Okay. So now you guys basically
on the run. So you guys then need to go
to a judge and say, "Hey, the executive
of the will is not carrying out the
wishes of the will and he is keeping all
the money for himself when the will
clearly states." I feel like yeah, he
essentially committed fraud. So what
you'd have to do is petition in probate
court to force the accounting of this,
force him to show up, force him to deal
with this. I don't know. He may have
spent all this money. Exactly. So, we
just I don't know that you're going to
get what you're hoping to get out of it.
Um I mean, it sucks that this happened.
Yeah. Over five I'm just trying to
understand the five-year play here
because And I don't say this to sound
any type of way, but if I know I have an
inheritance from grandpa and grandpa
died, you know, last year, I feel like I
would have already known, forget 5
years, I would be wondering, okay, when
are we selling the estate? When are we
getting the money? So, I I want to know
more about that. Negl I'm I'm I'm not
trying to Yeah. say anything offending
him, but there's a lot of other pieces
here that we're confused about. Like,
was the estate officially closed in
probate court? What happened with
probate?
Well, the house was my father-in-law's
that he he built this house on two acres
and it was just an agreement between all
of us that we weren't going to do
anything right away because a written
agreement or just a phone? No, no, just
just talking. Okay. That we didn't want
to set we didn't want to sell anything
because we would like one of the three
of us to buy the other two out and keep
the property. Gotcha. Okay. But but he
went behind our back and we we knew
nothing about the remodel, anything. He
was still talking to us about how it
would be awesome that we moved there and
things like that. Completely lying to
us. Okay. Okay. And what was your
timeline for moving into the house? Cuz
again, we're talking 5 years. Was this
like on like what was the timeline in
you all's mind for saying here's when
we're going to buy you out? Here's when
that's gonna take place. When I was
looking on Zillow, we were getting
prices for the land to find out how much
the land was going for so we knew how
much to we would be paying him for us to
move back there. Mhm. Here's here's the
reason I'm asking these questions. I'm
trying to get inside of the brain of the
the son-in-law here. And the only the
only thought cuz you're the only caller
on the line, right? So, the only thought
that I could pull up in my brain is
maybe this guy was thinking, "Hey, they
said they're going to buy me out. They
haven't bought me out yet. Who knows
what's on fire in his life." Maybe he
thought whatever, they're not going to
buy me out. I'm going to force the sale
of this by just selling it myself. I
don't know. I'm just trying to think
what could be going on here because this
is a extent like five years is a big
timeline here. So, I'm trying to figure
out what what could have gotten lost in
translation. Either way, I think the
first advice we gave stands, which is
you you go in front of the probate uh
judge and say, "Hey, here's what's going
on." And do do you know if you have to
pay an attorney to do that for you?
Because that's that's my main question
if we should pay attorney fees for such
Well, I would have gone through the
attorney who was dealing with the
executive, but it sounds like you can't
find him and he's not talking. So now,
yeah, I'd be calling up the that circuit
court or whoever, whoever you've been in
contact with and saying, "What do I have
to do to get in front of a judge?" I'm
not a lawyer, so I don't know. And I've
never had to deal with this. I say,
"What do I have to do to get in front of
a judge?" Because the executive of the
will is not doing what the will says.
And then go from there. I'm guessing,
yeah, it's going to cost you a little
bit and it's going to cost you your
peace. It's going to cost your time, and
it's going to cost you your money. And
so, I would just tread lightly before
you pursue this for the next 5 years,
all to find out there's nothing there.
And that's going to really add insult to
injury here. So, I would try to get all
the evidence you can, all the do all the
homework you can, get all the family
members you can involved, get a copy of
the will, get documentation of
everything you can, all the
communication with him or lack thereof,
and then see what happens. But it might
be worth at least reaching out to an
attorney to see what the next step would
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