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Q:

My father-in-law passed away this Sept. and before he passed he agreed that his son and I could buy the house for $80,000.00 to be split equally among 8 children. It was not in the will but all 8 did agree. Now one brother has gotten himself in a financial bind and is demanding $150,000. for the house (he is executor of the will) but 7 of the 8 children will only receive the 10 grand they agreed upon in the beginning. We have lived in the house for a little over a year to take care of the father while he was dying from cancer. The brother gets to keep the profit after paying all off of 10 grand a piece. Is this fair to the rest of the family? If not, can my husband and I put the house in probate until we all come to an agreement? The house is in need of major repairs. Boiler, electric, foundation,and plumbing.

A:

What was discussed verbally is not legally binding; where land is concerned, agreements must at least be in writing. If there is a Will, the Executor is obligated to apply for probate of the Will, or to deliver the original Will to the Deceased's next of kin who can then apply for probate. Regardless of who applies for probate, that person must execute the Deceased's wishes as they are in the Will. The Executor has a duty to the Estate (all of the beneficiaries) and, absent provisions in the Will to the contrary, must obtain fair market value for the property, probably after having the property appraised by an independent appraiser (not a realtor), on the open market, or from one or more of the beneficiaries with the written consent of all of the beneficiaries.

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