WHEN THERE'S A WILL - IS THERE A WAY?

Everybody's Uncle,

I have a friend whose mother just passed away. The will has been probated, and her sister inherited the house, she some money.
The will states that the contents of house are to be distributed evenly. Her sister sees no reason to do this, and so far will not meet with her to discuss it.
What are her rights in this situation?
Can she obtain a bailiff to enter house?
Mother's lawyer wants them to try and settle it between themselves.
Thank you
N.E. Cain


               - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -

N.E. Cain,

It is most unfortunate that siblings square off when mom dies. The first question to ask is how much damage will be done to family ties in the event of a battle over heirlooms. If the battle is over "mom's rocking chair," I would forfeit the "rocker" and save the relationship. If the sibling damage is already done, it comes down to tactics.

Wills are enforceable legal documents. The executor/executrix should have counsel if he/she does not understand the intent of the Will and administrative responsibilities. Wills cannot be arbitrarily translated. If a list of heirlooms was included in the Will, it should come down to agreeing upon who gets what. "Divide everything evenly," is a battleground.

Mother's lawyer is correct in advising heirs to settle it among themselves. However, he might be enlisted to sit with the family and advise them of their respective rights to property mentioned in the Will. Wishfully, he will explain the negatives of a "bloodbath" over a "birdbath." A list of all "contents" once agreed upon should help the process along. If that fails, a lawyer can be retained to represent individual interests. In a worse case scenario the issues can be brought before a judge for resolution.

Is the prize worth the price,
Everybody's Uncle

[Everybody's Uncle] [The Radio Show] [Ask Questions] [Questions Answered] [Financial] [Occupational] [Personal] [Home/School] [The Thinking Zone]