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Drw773
Aug 23, 2007, 05:09 AM
My brother was named executor of my mothers estate which included an annuity and her home. My brother, 2 sisters and myself are the beneficiaries. No one has seen the will or any accounting of the estate. My brother is holding on to the annuity for any bills and taxes. He has not listed the house for sale and does not want a sign in the yard. He has priced the house without any input from his siblings and doesn't want to pay a commission to my brother in-law (a realtor) who we asked to sell the place. The house is being sold "as-is" and my brother has priced it way too high. No one is actively showing the house. My sisters and I would like to price the house accordingly pay the commission and sell it as quickly as possible. As executor, can my brother do what ever he wants ? Can he sit on this house and our inheritance? Do we have any recourse ?

mr.yet
Aug 23, 2007, 08:24 AM
You can as a group hire an attorney to move the probate along, and he will haveto comply.

ScottGem
Aug 23, 2007, 08:28 AM
As executor he is answerable to the heirs as to fiduciary responsibility. This means he cannot misappropriate funds. He can however, use his best judgement on how to dispose of the estate assets as long as there is no malfeasance.

You have the right to see the will and get an accounting of the estate. You can mount a legal challenge is you are unhappy the way he is managing the estate.