If a sibling does not follow their deceased father's wishes, can a lawyer help?

Its a little sticky. My sister's fiancee (we'll call him N)'s father died in 2006, his grandparents came in charge of all of N's fathers assets. It was decided everything would be split between N and L, N's only sister. N's father had a few very nice collections of Beatles collectables and other antiques that were sold and split accordingly. N's father also had a fairly nice home that was paid off and was to be sold and profits split also. The furniture and items inside were split between the siblings.

L asked if she could move into her father's house instead of selling it. It was decided that she could do this as long as she immediately put her own fairly nice home on the market so that money could be split. Instead of doing this L allowed an aquaintance to move into her home and rent it with an option to buy. N was supposed to get 1/2 of all rent until this happened. It never did, and L always had an excuse. Recently the aquaintance was supposed to buy the home, but her father never gave her money she was expecting for down payment so she backed out of the deal this last week.



N has come upon hard times due to the economy and really could use some money to stay afloat while he looks for a job. Also, my sister and N are planning on getting married next May and it could help with their very modest wedding costs.

N spoke with L this week about refinancing his father's home so he could get his share. She agreed. It was later found out that she took the refinance money and paid off her home for which she is looking for another renter. More excuses have followed as to why the money was not used to pay off N.

My sister and N have been struggling and my family has taken them in when they had no home due to the struggling economy. My step father loaned them money which is supposed to be repaid by N's portion of the house proceeds.

L has been playing these games since 2006 when her father died. My sister and N are convinced that a lawyer will turn them away because of how long this has been going on but I'm not so sure. Any suggestions on whether they have a case would be appreciated.If a sibling does not follow their deceased father's wishes, can a lawyer help?
You would want to consult with an attorney.



The bottom line is whoever the executor of the will is, they owe N half the value of the fathers home. It doesn't matter where they gets the money, or who's house sells or anything else. He is entitled to that money.



The money for the rent on the house that was supposed to be split is a separate thing all together. If nothing was in writing, then there is little N could do about getting that money.



The equity in the home was to be split after sale. L can buy out N's share of the home and own the house outright if she likes, but N has money coming to him as a result of the will and the equity in the house. How did she refinance the house without him having to sign on the paperwork? And if she spend the proceeds that were supposed to go to him to paying off her house, then one would think that he has a stake in that house as well.



He needs to see an attorney. The attorney can force specific performance on L to pay N the money owed to him as of 2006, minus his take.



This is bordering on theft, and a crime. You need to contact and Attorney. Worst case, they turn down the case at no cost to you. Best Case, they get the money out of her for N. It seems like a logical decision to begin with.If a sibling does not follow their deceased father's wishes, can a lawyer help?
He needs a lawyer. The time lapse means nothing.



The first facts I'd want to know is how Title is presently held, and if it is still in the Deceased's name, who appears to have power to convey.



Without knowing that, no one knows anything.



I'm guessing it was never Probated. I would have expected you'd mention that if it was. You're going to have to go through Probate. You'll never sell it or do anything else with it otherwise.



You want an attorney who does Probate work. If it's not in Probate, you need one that can do it, if it is, you want a different one to keep an eye on the first one, since it appears to be dragging on for entirely too long.
N should contact a lawyer right away. The longer L is allowed to play her game, the harder it will be for him to get his share of their father's estate.



L should be liable for 1/2 the rent she collected over time, plus 1/2 the refinance money.



Most lawyers do not charge for first consultation, so N could find out what his options are.