Older brother is in charge of "small" estate. Assets value under $18,000. The lawyer stated that once the paperwork came back signed from probate, the assets were 1/3 ours. There is a gun collection that was listed in the inventory. The two brothers got the gun collection appraised and also found out what the gun dealer would buy them for if it came down to that. We were handed the appraisal with only the appraised prices and older brother said if we were interested in any of the guns, he would do better on the price. He would not let us see the prices that the gun dealer would buy them at. I said I would have to talk to my husband. The next time we met, he made the announcement that he was buying the guns for what the gun dealer would buy them for. Now, that we are dealing with the small estate the judge states the heirs in the stated proportions 1/3, 1/3, 1/3 in the order assigning assets. Before the petition went to probate older brother also signed the petition requesting that the property listed be assigned as follows:
to the following heirs in the stated proportions 1/3, 1/3, 1/3. My other brother and I also stated in front of the lawyer, that we wanted the guns split up and the older brother responded "how are you going to do that?" The lawyer said it can be done-several ways and gave examples. The car was sold and younger brother came over with a check. I asked him what it was for and he stated it was for 1/3 of what the car was sold and 1/3 of what the older brother bought the guns for. I called the older brother immediately and asked him if he forgot what we said at the lawyers office, that we wanted the guns split up...he insisted that he purchased the guns. He also split the amount that he said he purchased the guns for 3 ways! Younger brother and I do not feel this is fair and we still want the guns split. We had a meeting last night and older brother still thinks he has purchased the guns. After about an hour of discussion on this, older brother then says that he does not want the guns, he wants 1/3 of what the guns were appaised at! And we would have to pay him that amount to get the guns. Again we stated that we wanted the guns split 1/3 as the judge directed. Before our meeting was over, he then stated if we didn't want to buy them for the appraised value that they will be sold at the auction we are having. Younger brother and I still want the guns split 3 ways. For some reason older brother does not want us to have any of the guns! What can we do? Older brother is not following what the judge ordered! What do we do with the check?
I also pointed out to older brother what the will said - that the estate be divided equally and also what the order assigning assets said that the judge signed. His comment was "so"! Sorry this is so long, but any advice would be appreciated.
I forgot to mention that the day that I got the check, after talking to my older brother, I called the lawyer and told him what happened and he said he was done with the estate, that he was only hired to submit the paperwork to probate. I asked him if he would call my bother and refresh him memory on what we discussed about splitting the guns. He said for me to tell my older brother to call him on Monday when older brother got back from vacation. I left a message, but older brother never called him back!
Thanks in advance!