My brother and i each have 30% and mom has the remaining 40%.
She claims that my dad's will was never signed and notarized so it's void. It was signed and notarized, I have a copy.
She also claims that even if it was signed and notarized it is still void because my dad did not put mine or my brothers names on the mortgage or deed to the house.
I'm pretty sure that our names on house is not needed if he declared it in his will.
Either way, mom is planning on retiring back to her home town in Michigan in 2016. Brother and her live together. I have my own family, husband and 3 kids, we live in an apartment and unfortunately probably will not be able to get a house in any near future due to bad credit for him and a bankruptcy still on my record.
Mom and brother refuse to help take care of the house and are letting it go to crap. I want to offer my brother 10,000 for him to give me his 30% of the house after our mom leaves and he can take the 10,000 and move to a small 1 or 2 bedroom apartment that is easier for him to manage or even a rent to own home.
I want the house I grew up in, the house my father worked his ass off to have a great home for his kids.
If you were in this situation would you take the 10,000 and get a place that was better suited for you and at the same time help out your brother/sister with a house for his/her family instead of a cramped 2 bedroom apartment? ?
The reason I say he would be better in a apartment or rent to own home is because he bis lazy and won't even cut grass and won't pitch into to help repair anything. If he rents, it's taken care of for him, 1 less thing for him to cry over.
ETA:: i understand where you all are coming from about his 30% of what the house is worth. I would want the 30% of it too. But from my point of view, why does he deserve the full 30% if he doesn't even care about the house and want to help fix it up now when he does live in it? And I know about the probate and everything, I'm just saying by law or not. If my mom wants to give me the house and put it in my name and etc. I think offering hum 10,000 for him to go get a place of his own is pretty good, especially since the will wasn't probated and technically if my mom gives it to me, I don't have to give him anything if the will isn't probated. 10 grand is a nice amount IMO.