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View Full Version : Sister not executing father's will


shelleyruyl
Jul 21, 2009, 10:34 AM
My father passed away almost 3 years ago. He stated in his will that his home would be left in trust to his 4 daughters to either live in or sell. My oldest sister was named the executor of his will but is delaying the sale of the home. The profits of the sale were to be divided equally to the 4 of us, including the executor. The home is not in prime condition to sell for top dollar so I thought that if she were to get a mortgage on the home she could essentially buy us out. Without involving lawyers (due to the high cost of lawyers fees), I want her to buy me out now. Does she have a legal obligation to resolve the matter in an agreeable way to all four of us? Or is the only option to sell the house?

JudyKayTee
Jul 21, 2009, 10:59 AM
Whatever plan you come up with to dispose of the home has to be approved by the Probate Court.

Have you attempted to force the disposition of the home - either through sale or buy out?

cdad
Jul 21, 2009, 01:25 PM
Another problem you may be facing right now is that in many markets the home value is depressed and what it was worth 3 years ago it might only be worth 1/2 at this time. Unless there is some great need for the money it might be best to hold onto the house until there is a recovery in the market. Also there is the option of fixing it up and getting a renter in it in hopes of recovering some of the money that your losing to taxes and insurance.

Fr_Chuck
Jul 21, 2009, 01:35 PM
You may go though the court to force the sale of the home