Hey, anyone have any advice on how we can prepare when it comes to dividing up a family property? My husband’s parents’ house is supposed to be divided between the three siblings. But one of them has been living there since 2018 and is saying he wants to keep it in the family. Problem is, he’s talking about buying us out, but he doesn’t have the income to back that up. Also, the older sister is the first executor, but we’re not sure where my husband stands in all of this. We asked for a copy of the will, but still haven’t seen it. What’s our next step to make sure my husband or our kids inherit something? And how do we make sure we’re not left out? Any advice would be helpful… I’m getting a little stressed about it.
Sounds like you need to make sure the probate process is started ASAP. Without that, you won’t get to see the will unless it’s filed in court. Has probate been opened yet?
Drake said:
Sounds like you need to make sure the probate process is started ASAP. Without that, you won’t get to see the will unless it’s filed in court. Has probate been opened yet?
No, nothing’s happened yet. That’s why I’m asking, IDK what to do next.
I think you need to get in touch with a local estate attorney. In Honolulu, there are some really good probate attorneys who can help with this. It’s a bit of a process, but they usually charge around 5% of the estate’s value for handling everything.
@Grayer
Oh, thanks! I didn’t know about the 5% fee. That helps a lot!
If there’s no will, each sibling usually gets 1/3 of the estate, but yeah, you definitely need that probate opened to figure everything out. Can’t really do anything without it.
Brady said:
If there’s no will, each sibling usually gets 1/3 of the estate, but yeah, you definitely need that probate opened to figure everything out. Can’t really do anything without it.
Got it, so the will has to be filed in court for us to see it. Thanks for clearing that up.
I’ve been through a similar situation. You can ask for a copy of the will during probate proceedings if it’s not voluntarily shared. Make sure you get legal representation to help ensure your interests are covered.
@Mal
I’ll definitely look into legal help. It’s just a bit much right now, but it seems necessary.
If you need some local law firms in Honolulu, I’d recommend checking out Ashford & Wriston, David Bernstein Attorney, and DeVries PC. They all specialize in this kind of case.
Drake said:
If you need some local law firms in Honolulu, I’d recommend checking out Ashford & Wriston, David Bernstein Attorney, and DeVries PC. They all specialize in this kind of case.
Thanks! I’ll check them out. I appreciate the help!