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Dad died, Brother going against fathers wishes.

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asked on Mar 13, 2017 at 18:43
by   RoxyFoxy
edited on Mar 20, 2017 at 09:43
 
Sadly, I've been put into a very bad situation where by my beloved Father passed away 3 years back and in his will he has appointed my 2nd brother as his Estate Administrator. I'm the youngest and I'm the only daughter. This will was written when I was 16 years old and I'm currently 30 years old. I have been living in current home for 12 years since it was build with my Father. My two brothers are much older 16 years gap and the both leave abroad and have never taken care of my father's day to day needs.

Now my brother wants to sell of the house. The house that was verbally told to more than 30 people is for me. My 2nd brother has told this same statement that this house is for me to my fiance. I am still leaving in this house and my second brother has taken legal action to inform me that I have 90days to exit the house after sale. 
It's there anything I can do? 

Please advice. Thanks.
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4 Answers

answered on Mar 14, 2017 at 02:38
by   vkpc
in his will he has appointed my 2nd brother as his Estate Administrator.
Administrator or Executor is not new owner.
Administrator only administer on behalf of the owners.
Who are the new owners?
If the will says that the house to be given equally to all the children,
then any one owner can stop the sale if he/she disagrees with the sale.

I am still living in this house and my second brother has taken legal action to inform me that I have 90days to exit the house after sale. 
It's there anything I can do? 

You can still refuse to move out.
Police will not get involved in a civil matter.
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answered on Mar 14, 2017 at 02:51
by   jeff005
edited Mar 14, 2017 at 02:58
by   jeff005
in his will he has appointed my 2nd brother as his Estate Administrator. 
What else was stated in the will?
What is your eldest brother opinion? Is he willing to give up his share?
Get the 30 ppl to sign S.D. (Statutory Declarations) that they are witness to your father's last verbal wishes. Do state that your father's hands at that point of time is too weak to sign any declarations and as such have to make verbal wishes and the fact that the two brothers were overseas and have told your father that they are not coming back to Malaysia. Better still if they have given up Malaysian Citizenship.

Check from the 30 ppl if anyone has a voice recording on their handphone of your father's wishes. 
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answered on Mar 14, 2017 at 15:40
by   notalawyer
You can can apply for an injunction to stop to sale and also file a lawsuit against your 2nd brother to oppose his decision to sell.

Alternatively, you can call for a meeting of all brothers, sisters, aunties and uncles to advise him.
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answered on Mar 15, 2017 at 01:32
by   RoxyFoxy
Hye All, Thanks for the advice. My Second brother is to stuborn to talk nicely. Second brother has informed Eldest to not get involved. I do not have any choice but to take legal action. 
In the Will it is only stated as Estate excutioner there is no other mention of splitting into 3 siblings. 
Both my brothers are Singapore PR.
Thank you very much my doubt has been cleared. 
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