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trainguy

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My father left his condominium to my brother and me. He offered to buy me out of it, then moved in and has done nothing to move towards actually completing the transaction. When, after months, I told him to list it with a realtor, he became angry and will not take my calls. Do I talk to an estate attorney, or, probate? 

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29 minutes ago, trainguy said:

He offered to buy me out of it, then moved in and has done nothing to move towards actually completing the transaction.

 

Did you agree to be bought out?  Did you and your brother agree on the material terms of the buy-out transaction?  Did you memorialize your agreement in a signed, written agreement?  In what state is the condo located?

 

 

30 minutes ago, trainguy said:

Do I talk to an estate attorney, or, probate?

 

That depends.  For starters, the terms "estate attorney" and "probate attorney" are effectively synonymous.  However, you told us that your father "left his condominium to [your] brother and" you.  I assume your father has died, but it's not clear whether title to the condo has yet passed to the two of you.  Has that happened?  If not, what is the status of probating your father's estate?  If probate is still pending, who is the executor/administrator?

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I did agree to be bought out. If the term "material terms" means price and time of transaction completion, then yes. The agreement was only verbal. We are in CT. Dad passed away January 2018. The executor is my brother. As he is executor, the status of probate is unclear to me. Although, I suspect it is not completed.

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I should also have asked:  In whose name(s) does title currently stand?

 

If title is still in your father's name, then you'll have to wait for probate to be done and the property transferred.  However, you and your brother could agree for the estate to transfer title to him alone and for you to receive the agreed upon amount of cash.

 

Also, without a written agreement, you have nothing that's enforceable.

 

If you're concerned about the status of the probate, go down to the courthouse where the estate is being probated and look at the public case file.  If you still have concerns after doing that, then contact a local probate attorney.  Keep in mind that probate for most estates can get done in about 6-24 months.  Assuming the probate for your father's estate was commenced within a month or two after he died, you're starting to get up there, which is a concern in and of itself.

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