Legal Question in Wills and Trusts in Texas

Dividing Mother's Estate with Uncooperative Brother

I am the executrix of my Mother--name removed--will. My brother and I equally inherited her estate. We jointly decided that I would buy him out of his half of her home (he lives in another state and I live in the same town as my Mother). I (stupidly)paid him for his half (half of the value from the tax records) and he cashed the check. I did put on the check that the money was for payment for the house. Now, he will not sign the paper--name removed--over to me because he claims that his lawyer said that he would be liable for something if he does (???). I have no idea what this means and my brother just stonewalls me whenever I ask (he says things like ''it--name removed--all lawyer talk but I ain't signin' until he says it--name removed--cool'')...my brother will not send me the papers nor will he give me my money back. What are my options? I wouldn't think he could just keep the money without paying taxes on the $40,000. He has been dragging this out for over a year and a half since I paid him...any suggestions?


Asked on 3/02/01, 8:24 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Re: Dividing Mother's Estate with Uncooperative Brother

You may have a breach of contract issue, should you decide to sue your brother over this. I would have to review the paperwork before I could be more clear.

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Answered on 4/30/01, 11:51 am


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