Client’s brother died intestate more than 10 years ago with no spouse and no children. He owned 2 pieces of real estate at his death. There were 4 brothers total, but one pre-deceased the real estate-owning brother, leaving 2 daughters. Two years ago, client entered into Affidavit of Memorandum of Contract on the two properties to sell them, which were recorded in the deed records, but one of the brothers would not sign, so the deal collapsed. Now the brother who would not sign has hired a realtor to list one of the properties for sale. Client seeks counsel and advice to know what his rights are. Additional services may be to contact the realtor to let them know about the title issues and aid in drafting affidavits of heirship to help with the sale and ensure client gets his share of the proceeds. Client is currently a Haven for Hope resident who could benefit greatly from proceeds from the sale of the properties.
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