FunkHouse9
New Member
I had two relatives (brothers) who were under the supervision of a conservator. They were brothers who lived together and shared everything between them equally their entire lives. They had two properties through an inheritance. The first brother died in 2000 without a will. Most family members waived their shares to the surviving brother, but two did not. When the second brother died in 2006, he had a will leaving everything to my mother. Neither estate is settled.
Each of the two relatives who did not waive their share are entitled to 1/8 of the first brother's estate. My mother receives the remainder of the first brother's share and all of the second brother's share.
What is left of the estate is essentially only the two properties. They were appraised recently for their value in 2000 (when the first brother died) and 2008. For ease of math, let's say the total value in 2000 was $100k and in 2008 it is $200k.
The two other heirs are just now trying to collect their share from the first brother's estate. Are they entitled to their share of the value of the properties in 2000 (when the first brother died without a will), 2006 (when the second brother died) or 2008 (when the estates are finally working toward closure)? If anyone knows the answer, I would be very greatful. If anyone could provide any kind of reference material on this topic, I would be extremely thankful.
Also, could my mother, who is supposed to be the executor of both estates, pay them out of her pocket to settle their share of the estate? There would likely not be enough money in the estate to pay their shares and we are trying to avoid selling the properties (and avoid going to court).
Each of the two relatives who did not waive their share are entitled to 1/8 of the first brother's estate. My mother receives the remainder of the first brother's share and all of the second brother's share.
What is left of the estate is essentially only the two properties. They were appraised recently for their value in 2000 (when the first brother died) and 2008. For ease of math, let's say the total value in 2000 was $100k and in 2008 it is $200k.
The two other heirs are just now trying to collect their share from the first brother's estate. Are they entitled to their share of the value of the properties in 2000 (when the first brother died without a will), 2006 (when the second brother died) or 2008 (when the estates are finally working toward closure)? If anyone knows the answer, I would be very greatful. If anyone could provide any kind of reference material on this topic, I would be extremely thankful.
Also, could my mother, who is supposed to be the executor of both estates, pay them out of her pocket to settle their share of the estate? There would likely not be enough money in the estate to pay their shares and we are trying to avoid selling the properties (and avoid going to court).
