Hello,
Let's just say this is a big family mess.
My Grandfather pasted away 5 years ago. He had a will. It said the three step children were to split up the estate after all the bills had been paid. The eldest son was named executor of the estate in the will. He is crooked as the day is long.
Among the assests was a house, bank account and two CD's that matured at different times.
The first CD was cashed and split three ways. My father paid his brother his 1/3 of the house so he could continue to live there. My father was to pay his sister her 1/3 at the time of cashing the second CD. Which he never got around to for he passed away before it came into maturity.
My Uncle had a key to my dad's house. He let himself into the house and took many items that were not his. He has those items and refuses to turn them over. Saying he lost them at his house. He lied to us and said my dad's truck-well dad sold it. Later the neighbor told us here to find it.
I confronted my uncle and told him he needed to return the truck to my dad's house. He never did. We had to go retrieve it from his house.
The day after my dad's funeral my aunt and uncle decided to tell us that my dad's house belonged to them now. That the second CD was not going to be split three ways either. That it now belonged to just the two of them.
After several hours of talking and a day later, they agreed to us keeping the house and my brother paying our aunt her 1/3 of the house from the proceeds of the CD being now split three ways. Our aunt and uncle agree to spliting up the back taxes for the last 4 years on the house. The house was never taken out of the parents names. Would be my Grandparents.
After I wrote up an affidavit spliting up the property as we all had discussed we mailed it out for all to sign and notarize. Out of all 5 of us only 4 signed it. Our uncle declined after we had an oral agreement. We had a third party -non interested party witness this meeting we had.
Not long after the funeral my uncle cashed the CD and only split it two ways leaving out the 1/3 that had been given to my dad in the will, and not following the oral agreement we had all come to while still in North Dakota where the money, house and will are all at. My Grandfather lived in North Dakota.
All three of us children live in MN.
Does my dad's share of the second CD named in the will come to us or to his sister and brother. Our father had no will. Passed away early.
Because my aunt still has 1/3 interest in the house, does the entire house go to her or does the affidavit our aunt signed allow time for us to pay her for the 1/3 she agreed to wait for with the cashing of the CD?
Please help advice on what North Dakota law has to say.
Thanks,
Kathy
Let's just say this is a big family mess.
My Grandfather pasted away 5 years ago. He had a will. It said the three step children were to split up the estate after all the bills had been paid. The eldest son was named executor of the estate in the will. He is crooked as the day is long.
Among the assests was a house, bank account and two CD's that matured at different times.
The first CD was cashed and split three ways. My father paid his brother his 1/3 of the house so he could continue to live there. My father was to pay his sister her 1/3 at the time of cashing the second CD. Which he never got around to for he passed away before it came into maturity.
My Uncle had a key to my dad's house. He let himself into the house and took many items that were not his. He has those items and refuses to turn them over. Saying he lost them at his house. He lied to us and said my dad's truck-well dad sold it. Later the neighbor told us here to find it.
I confronted my uncle and told him he needed to return the truck to my dad's house. He never did. We had to go retrieve it from his house.
The day after my dad's funeral my aunt and uncle decided to tell us that my dad's house belonged to them now. That the second CD was not going to be split three ways either. That it now belonged to just the two of them.
After several hours of talking and a day later, they agreed to us keeping the house and my brother paying our aunt her 1/3 of the house from the proceeds of the CD being now split three ways. Our aunt and uncle agree to spliting up the back taxes for the last 4 years on the house. The house was never taken out of the parents names. Would be my Grandparents.
After I wrote up an affidavit spliting up the property as we all had discussed we mailed it out for all to sign and notarize. Out of all 5 of us only 4 signed it. Our uncle declined after we had an oral agreement. We had a third party -non interested party witness this meeting we had.
Not long after the funeral my uncle cashed the CD and only split it two ways leaving out the 1/3 that had been given to my dad in the will, and not following the oral agreement we had all come to while still in North Dakota where the money, house and will are all at. My Grandfather lived in North Dakota.
All three of us children live in MN.
Does my dad's share of the second CD named in the will come to us or to his sister and brother. Our father had no will. Passed away early.
Because my aunt still has 1/3 interest in the house, does the entire house go to her or does the affidavit our aunt signed allow time for us to pay her for the 1/3 she agreed to wait for with the cashing of the CD?
Please help advice on what North Dakota law has to say.
Thanks,
Kathy
