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Ok here goes,the last of our parents dies last year and approx 9 or 10 years prior to this a legal will was made leaving one adult child the executor of the estate and benificiary of property,monies etc.Why to only 1 child when there was 2? well the child left out of things was asked 9 or 10 years back what they thought of an even divide by the parent,"left out child" pipes up he/she wants no part of it because it (the property) has a large debt.So will is drawn up and life goes on.Through out this whole time "left out child" rarely visits,helps with nothing to due with properties even though very capable of nor did so even years before will was made up.I must also add that during the last 20 years or so child left as benificiary had been living with their parent and doing all necessary renos,repairs and upkeep at their expense never asking for any monies etc because its a family thing.
Now fast forward,unfortunatley the parent pass's and the plan is to sell the rental property which has always been a headache,now cash is in the bank and also used to payoff exisitng mortgage after going through probate without a glitch from "left out child".Again fast forward 1 1/2 year later and almost to the final day of the (6 month) since probate file was sealed "left out child" starts a court action.
Please tell me what can be done without losong everything to legal fees,court costs etc.
Is it possible to give my 5 kids an early inheritance of my own house? and also withdraw my name from a joint account i've always had with the oldest child and give her the money as an early inheritance too and have it that neither house nor account belongs to me,i simply wash my hands of everything and walk away and start allover in a new country?
I am truly fed right up.And i welcome any answers.
Thanks for your time.
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