[Catgirl57]

My father had a stroke 3 yrs ago and my 1/2 brother who had only known him 10 yrs pushed him to make a new will where he got 1/2. Last year my father got sickk and signed over the house to me alone and said he wanted me to have it, not my 1/2 brother. I have been here taking care of my dad when he was sick and dealing with everything. My dad said when he was in the hospital he would pay me $100 an hour for what I was doing. My brother showed up the day my dad died and when I signed the papers to sell the house he wanted his cut of the check. I told him there were taxes and bills to be paid. After paying most of these bills, my brother still wants 1/2. Although he said he can't pay anything if more money is owed. Am I legally responsible to give him any money from the sale of the house ( which was in my name at the time of death), or do I have to go by the will? I already gave him $10,300 because he said he was broke.

[ebaines]

Were you the sole owner of the house PRIOR to your father's death? If so, then your father gifted the house to you - it was yours, not your father's, at the time of his death and consequently is not controlled by his will. So you are NOT legally repsonsible for sharing the proceeds of the house with other heirs. But again - this is true only if you were the sole owner of the house when your father died.

[Catgirl57]

Yes the house was signed over to me alone about 3 weeks before he died, with a notary. My brother was very upset when this happened. Again telling me what to do from 3000 miles away. I had to sell the house because money was owed and there was no possible way I would have been able to make the monthly payments. Thank you for your help, I feel this whole situation is going to get much worse before it gets better.

[ScottGem]

Was your brother named executor? If so, he is responsible for administering the estate.

But ebaines is correct, since the house was placed in your name prior to death, then it was no longer in the estate.

Even more, the estate would be responsible for gift taxes, if any were due on the gift.

What money was owed? The balance on the mortgage or are you talking about something else?

But I suspect this will get ugly. He may claim you exercised undue influence to get the house, or that your dad was not competent to sign the deed.

[Fr_Chuck]

If the house really was signed over and the deed filed, then you own the house and 1/2 brother has no share of it.

He can of course challenge in court that father was in right mind to do so, and ask the court to force it to be included in the estate.

And the estate will be everything else, from that all of dads bills have to be paid first

[Catgirl57]

Was your brother named executor? If so, he is responsible for administering the estate.

But ebaines is correct, since the house was placed in your name prior to death, then it was no longer in the estate.

Even more, the estate would be responsible for gift taxes, if any were due on the gift.

What money was owed? The balance on the mortgage or are you talking about something else?

But I suspect this will get ugly. He may claim you exercised undue influence to get the house, or that your dad was not competent to sign the deed.

I am the executer. This is an illigitamate 1/2 brother who was in his 40s before he ever contacted my dad. When my dad had a stroke a few yrs ago,my brother pushed him to file a new will with his name on it. When my dad got sick this last time, he made sure I was to only one who had power of attorney and my name was on all his accounts, not my brother. He said he wanted me to have the house, not him.( This was my parents house) I called a notary who went into the room by herself and talked to my dad at length. He signed the house over to me. I have not spoken to my 1/2 brother since July. He sent me an e mail the other day wanting to know if I had paid the taxes yet and when was he going to get his cut.

[Catgirl57]

Was your brother named executor? If so, he is responsible for administering the estate.

But ebaines is correct, since the house was placed in your name prior to death, then it was no longer in the estate.

Even more, the estate would be responsible for gift taxes, if any were due on the gift.

What money was owed? The balance on the mortgage or are you talking about something else?

But I suspect this will get ugly. He may claim you exercised undue influence to get the house, or that your dad was not competent to sign the deed.

Also there was almost $200,000 owed to the bank on a mortgage that has been paid. I have been the one handling all the bills, paying the creditors etc.The balance of the money has been in a savings account until I get all the tax papers and file those. Honestly, I will probably end up oweing money, but I just needed some advice on how to deal with my 1/2 brother wanting 1/2 of the money from the sale of the house.He is wanting 1/2 of what the house sold for. I have tried to explain the finances to him and he wanted access to my bank account so he can see where the money is going, I have refused.

[ScottGem]

The question that will be asked is why didn't your father just change his will, rather than give his assets to you? That is a question you need to be prepared to answer, possibly in court.

But any assets that were changed to include you as a joint tenant with right of survivorship or changed outright to your name pass to you outside the estate.

As executor you will be required to produce an accounting of whatever you did with the assets in the estate, but not those that passed to you outside the estate.

You can tell the brother that the house was given to you prior to your father's death and is not part of the estate and therefore he has no claim on it.

[Catgirl57]

The question that will be asked is why didn't your father just change his will, rather than give his assets to you? That is a question you need to be prepared to answer, possibly in court.

But any assets that were changed to include you as a joint tenant with right of survivorship or changed outright to your name pass to you outside the estate.

As executor you will be required to produce an accounting of whatever you did with the assets in the estate, but not those that passed to you outside the estate.

You can tell the brother that the house was given to you prior to your father's death and is not part of the estate and therefore he has no claim on it.

This information has helped a lot, I mean I kind of knew, because that's why my dad did it this way. To redo his will would have been way more expensive, that's why he just did the notary. He did talk to someone at the office where his will was done (he told me that but I wasn't there) and was told to just do it this way. I also have ALL the reciepts of every expence, most of them were put on my credit card. But realtor fees, paying of his household bills while he was n the hospital, everything. I was also told by a family friend that the year my brother came into the picture, my dad gave him over $30,000. I do not know this for sure, but I do know this guy is just in it for the money.

[ScottGem]

To redo his will would have been way more expensive, thats why he just did the notary. He did talk to someone at the office where his will was done (he told me that but I wasn't there) and was told to just do it this way.

First, a notary is kind of a professional witness. So all the notary can do is testify that she confirmed the identity of your father. And that he signed a deed transferring the property. You did record the new deed with the county?
The notary can't even testify that your father was in possession of his faculties since the notary is unlikely to have training to make that determination.

I think he got bad advice from the law office. I think he should have prepared a simple will that specifically revoked any earlier wills and that he was leaving all his possessions to you. He should have then had this will witnessed by his doctor and/or nurse, who could testify to his competence.

But that's moot since it's done. Do you know who at the law office gave him this advice? That might help if your brother challenges the will.