What can I do if my brother is not doing what our deceased mother’s Will states regarding the sell of her house?

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What can I do if my brother is not doing what our deceased mother’s Will states regarding the sell of her house?

Our mother’s Will states that her house is to be sold and the money is to be equally divided between the 4 children. We have sold the house and the check is in the bank processing. The problem is, is that 1 of my brothers is upset that myself and our 2 other brothers are not willing to pay him labor for going over to our mothers house and doing a little work to be able to put the house up for sale. There was never an agreement between the 4 of us that we would reimburse each other for labor. So now he has stated that he will not be going to the bank to withdraw the money!

Asked on January 14, 2012 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the issues that have arisen.  You need to look at this in a couple of different wats.  First, if your brother that provided the services helped to make the house "saleable" and helped to increas the property did not, would you have had to pay someone else to do it?  Probably at a much higher rate? Ssecond, if he took time from work of his own would he not be entitled to reimbursement? The estate is obligated to pay its debts before distribution and he may in fact have a valid debt.  Negotiate the issue with him.  Good luck.


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