In the realm of estate planning, the complexities of family dynamics can often lead to unforeseen challenges, particularly when representing adopted family members. In a recently resolved case, our client who was informally adopted by his father, found himself embroiled in a bitter dispute over his parents’ estate.
Our clients father died without a will and none of his relatives had stepped forward to make any efforts to probate his estate. Our Client sought legal representation to probate his fathers estate because his family members where not make the necessary efforts begin the Probate.
The estates assets consisted in multiple pieces of real estate. His uncles were living in one of the houses owned by the decedent. His uncles where severely neglecting the property. They did not pay rent, they did not pay for maintenance, they did not pay the property taxes, and they had failed to pay the mortgage. The house had been partially owned by his deceased father and his deceased grandmother.
His aunt lived in another one property which was a three unit building. She was a one third owner along with the father and the grandmother. She had failed to take any action to probate the grandmothers estate and refused to take action to probate the Fathers estate.
HOW THE BASSIN LAW FIRM WAS ABLE TO HELP
Our Trust and Estate Administration attorneys advised our client that he would need to close his grandmother’s estate so he could have his share of her estate distributed.
Our first concern was to assist our client in preventing foreclosure upon one of the houses in the estate. We worked with the lender to bring the loan out of default.
Our lawyers established an amicable relationship with opposing council and worked together to help close the estate. However, our Trust and estate lawyers faced difficulties as his aunt and uncles refused to sign a petition to close the estate. They where concerened because distributing the estates assets would mean that they would have to share fractional ownership seven ways. Those beneficiaries resided in the estate property and though that closing the estate would result in a “forced sale” from a partition action.
Our lawyers also discovered that one the beneficiaries our clients Grandmothers estate was deceased. This meant the estate could not be closed because that person died intestate and their share of the estates assets needed to be probated in order to be distributed to the proper beneficiary. Our client took the lead and petitioned to have himself appointed as administrator of his deceased aunts estate. Once her estate had been probated and her heirs determined we then continued to work to close the grandmothers estate
Ultimately our lawyers brokered a settlement where several beneficiaries had their interests purchased by securing a loan against the property. There was some difficulty as one beneficiary continued to refuse to sign the petition. We secured an agreement to buy out our client To resolve this road block our attorneys made filed a petition to close the estate, which was shortly granted.
Our client, received a cash distribution for the value of his ownership interest and the remaining beneficiaries retained their ownership interests and their right to reside in the house.