Proceeds distribution

[Cliodhna]

What is the name of your state? IL

My mother is Executor of my fathers estate. 6 total heirs including the executor. My brother was half owner of the buildings but 2 weeks before my father died things got changed and forgeries were done. He sought out a lawyer and family mediation which recommended her to pay him off but stated my brother would have to go to court to prove the legal aspects of it all if he wants to regain half ownership of these properties. He didn't want to go to court against her instead he walked away. She refused to pay him then but promise to pay him back when they sell but no papers on this agreement. She has kept and used the the rental income from these 3 building apartment complexes for the past 32 years..
She listed the buildings and accepted an offer which is only at 44% of the appraised value. This was extremely disappointing to all us but we were told by the lawyer he can't get her out of the deal. We weren't told of this listing and purchase agreement until after all was signed.
My brother has requested his original investment money back out of the sale and is refusing to sign unless he gets his amount . there is enough money from the proceeds to pay him but the all of us would have to take less. 3 of us ave signed off with the statement we are accepting the lesser amount than the 1/6th and for my brother to receive his amount but the other 3 do not agree but have signed off but will not sign that additional paper especially my mother there is a big family drama between her and my brother.
However, we now all have been told by the lawyer that we can only divide up the proceeds equally each of us receiving 1/6th. Otherwise he will have the executor sue to go back to probate to prove that my mother was supposed to own them. He continued on that LaSalle Bank in Chicago made a mistake . Then he went on to state will advise my mother to sue my brother for a lost deal.
Can my brother ask for more money than the equal amounts?
Can he be sued for not signing causing the deal to fall apart?
I appreciate any advice on this I'm just trying to help my brother.

 

[zddoodah]

My mother is Executor of my fathers estate.

Appointed by the court? Or merely nominated in his will?

but 2 weeks before my father died things got changed and forgeries were done.

What "things got changed"? What forgeries? Done by whom?

He sought out a lawyer and family mediation which recommended her to pay him off

"He" being your brother? To whom does "her" refer? Your mother? Pay him off for what?

He didn't want to go to court against her instead he walked away. She refused to pay him then but promise to pay him back when they sell but no papers on this agreement. She has kept and used the the rental income from these 3 building apartment complexes for the past 32 years.

How long ago did all of this stuff happen?

However, we now all have been told by the lawyer that we can only divide up the proceeds equally each of us receiving 1/6th.

What lawyer? Whom does this lawyer represent? Doesn't sound like this is your lawyer. Right?

Can my brother ask for more money than the equal amounts?

Anyone can ask anyone for anything at any time.

Can he be sued for not signing causing the deal to fall apart?

Anyone can sue anyone for anything.

Your post is extremely unclear as to the details of what happened and when. If you can clarify things, someone here may be able to offer you some useful information. However, at the end of the day, if you believe you are not receiving what you are entitled to from your father's estate or that your mother is breaching her fiduciary duty as executor of the estate, then you need to retain your own lawyer to review the situation and advise you.

 

[Cliodhna]

First off thank you for not ripping into me about the being unclear.
My father lived and died in Illinois and the property is also located in Illinois. Will was recorded in Cook County, Il

I didn't want to bore you with this family drama but just to inquire if my brother has the right to ask for more than the "closing lawyer " stated 1/6th of the proceeds and can my brother be sued for killing a deal because he won't accept the 1/6th pay off. My mother and two siblings will not take a decrease in their take from the proceeds at this time.
I will answer the question posed to me first before adding onto the story.

This Lawyer stated to all of us he is just trying to gather the signatures on quit claim deeds turning over the property to my mother so the property can sell. He told us all he is "just the messenger" and not representing any of us. He also mentioned to me and my brother separately that my mother has "karma" coming back at her.

Yes, my reference in my original post "her" is referring to my mother and "he is my brother.
This change all happened 32 years ago to the deeds and by supposedly typed up letters with my brothers initials and scribble signatures.

My mother was appointed by the court. The reason given was she was his spouse.

My brother was half owner on these investment properties as indicated on the recorded deed at time of purchase. He owned half of this property for approx 6 years Several additional properties were purchased from the profits and business acct my father and brother were on together but those additional property deeds only had my fathers name on them. It was proven by the business accountant that the funds that were used to buy these additional properties in fact my brother had contributed to at least half of the monies. My brother is the carpenter/contractor and my father handled the business side of it.
My brother owned half of these buildings with my father (Joint tenancy equal partnership and not my mother ) and my brother maintained all of these investment properties as well as my parents homes inside and out. My brother fully trusted his father and mother and believed them. (by the way against my advice!!). The forgeries were a mess of unclear documents done at My Fathers lawyer office (not the same lawyer who is closing this deal) in fact when my brother went to see whom he believed was their Business lawyer this lawyer told my brother "I work for your father you will have to get your own lawyer"
My brother, myself and one other brother believe this alteration to deeds/documents where done by my mother, father, sister, another brother and unfortunately to say the business lawyer.
My brother did obtained his own lawyer to fight this and thats where the family mediation came in. My brother is requesting his initial investment to be paid as the Family mediator Judge suggested 32 years ago and my mother said "no" he will get his money when "They (meaning the buildings) sell". Here we are 32 years later with a signed purchased agreement on these buildings and my brother is looking for his initial investment monies.

Within 2 weeks of my father passing away from cancer came changes to his will removing my brother as executor and owning my fathers half of everything to a very unclear who gets what will, however, I have never seen the will I never expected anything from either of them. My Fathers' will was not specific on anything, according the closing lawyer in our first conversation, the second conversation I had with this closing lawyer he stated that my mother was to be owner of it all it was a mistake made by LaSalle Bank in Chicago and by a title company in Florida on another property she is going to list . I did request to see the will from the "closing Lawyer" first he stated he has a copy of it in front of him along with the court case between my brother and mother 32 years ago now the closing lawyer changed his story and stated "he doesn't have a copy you will have to go to cook county, IL to get one and good luck its in some box in a warehouse and could take months to retrieve. Meanwhile this deal will fall apart and we'll sue you."
My brother is not asking for any interest or rental income over the past 32 years just his initial investment 38 years ago. He stated to me he walked away and therefore my brother doesn't believe he would be entitled to the rental income my mother has solely used over these (25 years) a figure amount of clear profit of nearly 1million dollars . Despite this my brother has reached out through the closing lawyer and in writing that he would come back to help fix the buildings up to get the fines and violations off of them from the city so the buildings can sell for a higher dollar. This offer was rejected and in fact the lawyer stated "it wouldn't be a good situation for you to get involved in. ".
Now to make things interesting my mother has been sued for code violations in 2007 on these buildings none of us knew this until this deal was being looked into by my brother. She brought the buildings back up to code by going to court and paying "other contractors" to do the work . After bringing the buildings back up to code she rented them for a year or so and then shut them down (my brothers and I did not know of this) my mother has not rented them out for the remaining 7 years (thats why I stated she collected and used the rent money for 25 years and not 32years) and my mother now put them up on the market after a significant value decrease by my mothers own mismanagement and neglect on these buildings. Furthermore, we learned that the city is back suing her for "dangerous" conditions/ code violations filed in 2020. My brother called the city lawyers listed on the documents serve to my mother which he obtained through the closing lawyer. This paperwork is addressed to: My mother Executor of the estate of my father deceased, only to be told by this city lawyer that my mother is the owner and he has a conflict of interest with my brother, he won't help or listen to him and hung up on him.

So that brings us full circle to my brother asking for his initial investment payout.

so to repeat my initial questions:
Can my brother ask for more than the "closing lawyer " stated 1/6th of the proceeds set by some Illinois law and
Can my brother be sued for killing a deal because he won't accept the 1/6th pay off.
Thank-you for any advice and kindness.

 

[LdiJ]

You do realize, that if you sign the quit claim deeds that your mother will own the buildings in their entirety and could literally cut you and your siblings out of the picture entirely. That is NOT normally how selling properties with multiple owners are done. Normally all of the parties participate in the closing or if that is not possible, they nominate someone else to act in their stead.

I certainly would refuse to sign a quit claim deed.