Legal Question in Wills and Trusts in Connecticut

My mother died in 2009. Her will specifies 1/3 of the estate goes to each of the three sons. She owned (free and clear) two properties and a stock portfolio of some value. At a early stage of the probate process I offered to sell 1/3 of one of these properties (Vacation home which I do not want) to my brothers conditional to selling the other property. This was the understanding of all concerned. By themselves they could not buy me out as we all do not have the financial resources to do so until the primary property was sold and the cash available. This has happened (we close 1/11) My question is this. There has been nothing in writing as to the agreement between us but the will states 1/3 assets to each beneficiary so I have let the matter slide untill we close the probate process. I now have the feeling that one or both brothers will find some reason to not pay me my third of the cash value of the estate. My brothers want to keep the vacation home but I need the cash. I have tried to get something in writing from my brothers but have not been succesful. Should I be worried and/or what are my options?

Thanks

DSJ


Asked on 12/31/10, 4:38 am

2 Answers from Attorneys
John Heffernan Heffernan Legal Group, LLP

Unless you have it in writing (+ 2 witnesses and a notary), it's not enforceable. However, any co-owner of real property can force a sale at any time, so you have the ultimate control (or will have when the property gets distributed from the estate).

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Answered on 1/05/11, 8:31 am
Linda Subbloie Linda A. Subbloie, Esq.

I think you should go to the probate court and ask the probate court to make the agreement a court order.

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Answered on 1/08/11, 5:04 am


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