Legal Question in Real Estate Law in Washington
my mother passed away in august 2010. In the will she left the condo to us 3 kids. However 2 of us have put $50,000 into the condo & want that back. when sold. What steps do we need to take. The two of us that put money into our the executors. Does the condo need to be transferred to all of us equally?
1 Answer from Attorneys
If your mother signed promissory notes that were recorded to evidence the $50,000 you and your sibling put in, then upon sale, those promissory notes will be paid off before the remaining proceeds are distributed between the three siblings.
If there is no recorded debt on title, then you need to talk to your third sibling to explain the situation and see what can be done. If you guys disagree, ultimately, you will require an estates attorney to file a probate action to contest the division of the will, assuming the will is silent on the $50,000 debt.