Mother=in-law died and the home she had is to be divided between 7 children. Oldest son, who is also the executor, wants to buy the house from the rest of the benes. He is living in the home since January, 2008 and is not paying rent to anyone. In August of 2008everyone agreed on a price that he would buy the house for, however, he has not come up with the money as yet and the house continues to decrease in value. What can we do?

The other children hire an attorney and challenge him in probate court demanding fair rent and a date to buy the home, if not, the house would be put on the market

The other six would need to hire an attorney and take him to court. They can ask for rent (though that too would be divided between the six of them) and for him to set a date for the house to be sold (if to him). If he can't buy the house it can be put on the market and the proceedes will then be divided between the seven children (possibly with a little less going to the one living in it to cover those months of rent depending on what the judge rules).

An executor has a fiduciary responsiblility to the estate. If the executor acts in a negligent manner, causing harm to the other beneficiaies, then he can be sued over it.