My grandmother past away leaving her entire estate to myself (it was originally to go to my mother but she died 6 months

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Customer: My grandmother past away leaving her entire estate to myself (it was originally to go to my mother but she died 6 months prior to my grandmother) and her son (my uncle), at a 50/50 split. The concerns come around a townhouse my uncle is living in for the last decade (rent free..which always bothered my grandmother she wanted it as a rental unit for income). She died 7 months ago now. According to the will (which I still haven’t seen as the estate lawyer is refusing to call anyone back) I have been told we have a year ti settle to townhouse.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Ik
JA: What documents or supporting evidence do you have?
Customer: I’m in BC a Canada. My question is that my uncle would like to keep the townhouse and only pay $50,000 for it. Does he have a a legal obligation to buy it for market value out of the estate? Or can beneficiaries even change the outline of a will? Eventually I have him and another relative asking for more money or property and I was under the impression we can’t change the will as it’s a legal document. Can you confirm this? Or can those listed in a will change the terms after the person dies?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No. I don’t have documentation as the estate lawyer is ignoring me.
Answered by Joey in 2 mins 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Customer
Excellent! Thanks, ***** ***** me know if you need clarification. I'm worried I worded my question in a complicated long winded way
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Joey, Expert

Good morning  – sorry to hear about the situation and your grandmother’s passing. To clarify, did the will state that the townhouse was to be left to a specific person or was all property to be divided 50/50?

Customer
No I haven't seen a copy of the will this is part of it - there's an estate lawyer who's taking care of things, and he hasn't been returning any phone calls for a few months now‍♀️.But my understanding from talking to other relatives who have seen the will is that it's getting all divided 50-50. No property was put in anybody's name. And apparently there's a clause in the will that we have one year to figure this out. So I'm not sure what that means but I know that that's in there too
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Joey, Expert

I think it's best if you get a copy of the will so you understand exactly what you're entitled to.

Customer
of course I'm working on that
Customer
The issue is I've all these relatives coming in asking me to divide the will in a different way. So what I wanna know is Can I just tell them the will is a legal document and this is the way it is? Or do they have some merit here to be harassing me? My understanding is the working is all property and cash is ti be dived equally among two beneficiaries (myself and my uncle)
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Joey, Expert

Assuming it’s 50-50, then you would both be on title to the home. He can buy out your interest at market value, or you can agree to sell it.

Customer
Right. This is what I assumed. And the estate lawyer couldn't sell him the townhouse (valued at $600,000) for $50,000?
Customer
As in it would need to go for market value- even if the estate had it completely paid off ?
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Joey, Expert

No. The executor needs to look out for the best interests of the beneficiaries. Do not agree to such a proposal.

Customer
No I wouldn't. Lol. It's ridiculous the guilt I'm under here. But I'm not stupid. Just not know my rights ti say no.
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Joey, Expert

If you are 50% owner, it's up to you to determine price. It should be market value, but that's your own decision if you want to sell it for less.

Customer
I could decide let's say To sell it to my uncle for 50 grand
Customer
Sorry almost done with the questions. This is so helpful!!)
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Joey, Expert

If you don't care about market value, you could give it to him for $1 if you wanted.

Customer
Crap.
Customer
I was hoping I could just say I don't have a choice here it's the will.
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Joey, Expert

This is a significant amount of money here.

Customer
He doesn't have the money to buy it out so he's guilt tripping me to "not be homeless".
Customer
Anyhow, this helps clarify things. I really appreciate it.
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Joey, Expert

If it's worth $600,00, that means he'll walk away with $300,000 which is a very large sum. He won't be homeless.

Customer
Exactly. I'm like your 66 get it together. Not my problem. But you know family guilt. I'm sure it's common around wills...Oh one last question. Before the estate is settled in full (there are other cash accounts- we each stand to walk away with about $250,000 in cash as well)- does he or do we need to sell the place before the estate is settled and we get a payout? Did that make sense? Does it have to go all together?
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Joey, Expert

It would be your decision whether to sell it now or take title jointly (and perhaps sell later).

Customer
I guess what I'm wondering-Could we cash out the rest of it and then he takes that money to buy the townhouse?
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Joey, Expert

Of course. As long as you get your 1/2 of the estate (either cash and/or property), it shouldn't make a difference.

Customer
Okay. This helps a lot. Not what I wanted to hear, but at least I know what I'm talking about now. Thank you so much for you help this morning
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Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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