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[quote=Anonymous]Legally, 1/2 was supposed to be given to your dad and 1/2 put in your aunt's estate to then be disbursed per her instructions.  The executor royally goofed on this one.  I've heard a lot of stories of this happening recently.

Your father needs to give 1/2 to his BIL.  If the BIL files suit, the court will rule that at the time of your grandfather's death, your aunt was alive and should have received 1/2.  Your dad may also be liable for your uncle's court costs.

Something very similar happened on my dad's side of the family.  My grandmother's will stated that her house along with all of her rental properties should be sold upon her death.  70% was to be divided among her kids (4) and the remaining 30% was to be divided among her grandchildren.  None of my aunts or uncles had ever been interested in real estate like she was and they all lived in states other than where the rental properties were located, so she figured that would be easier than dividing properties between the kids.

Between the time of her death and the time when all properties were sold, 3 new grandchildren were born.  Plus, my one uncle divorced and remarried a younger woman with 4 kids.  My other uncle argued that the 3 grandchildren born plus the 4 gained by marriage shouldn't be included when the 30% was divided among the grandchildren.  My dad, my remarried uncle, and their sister disagreed and said they should be included.

They went to court and the judge ruled that only those living and part of the family the day my grandmother died were included and due to be part of the 30% given to the grand kids.  WW3 then erupted in my family.  It's been nearly 10 years and we've not celebrated any holiday as a family in those 10 years.  We used to have large gatherings at Thanksgiving.  My grandma started the tradition of having a large Thanks-Christma-Giving (even had a banner made) celebration to combine Thanksgiving and Christmas.  That way her kids and grand kids were free to do whatever at Christmas.  Some would still get together but most would visit the other side of their family.  It was seriously like a Hallmark movie with decorating her house for Christmas, exchanging gifts, pigging out on amazing food, playing football in the backyard, etc.  I miss those holiday traditions so much!

I'm so glad that I only have one brother and our parents have pretty much nothing to give once they pass.

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