Ask Me Help Desk - What happens if the executor never settles the estate?

My FIL passed away five years ago, leaving behind four adult children. The son who is executor is mentally ill (we think- or terminally lazy) and has not sold FIL's property to be divided among his siblings. A couple years ago he asked us all for money to pay taxes on the house because he was behind. We all coughed up the cash and he promised to put the house up for sale. He lived there for years, not working and slowly selling off the contents to cover his living expenses. He finally moved out a year ago but still has not sold the house.

There was no will. What is the law on this? Do we have a legal obligation to pay taxes on the place when he asks? Can we sign something to legally distance ourselves from this situation? Is it legal to never settle an estate? Who is responsible for seeing it is done? We live in TX, BIL is in OK and he doesn't answer calls/questions/emails. Who do we call to get ourselves removed from this situation? We want no assets and no further involvement.

Thanks,
S

Quote:

Originally Posted by Skycastle

My FIL passed away five years ago, leaving behind four adult children. The son who is executor is mentally ill (we think- or terminally lazy) and has not sold FIL's property to be divided among his siblings. A couple years ago he asked us all for money to pay taxes on the house because he was behind. We all coughed up the cash and he promised to put the house up for sale. He lived there for years, not working and slowly selling off the contents to cover his living expenses. He finally moved out a year ago but still has not sold the house.

There was no will. What is the law on this? Do we have a legal obligation to pay taxes on the place when he asks? Can we sign something to legally distance ourselves from this situation? Is it legal to never settle an estate? Who is responsible for seeing it is done? We live in TX, BIL is in OK and he doesn't answer calls/questions/emails. Who do we call to get ourselves removed from this situation? We want no assets and no further involvement.

Thanks,
S

Is the "mentally ill" allegation a shot at him or is it possible it's true?

It seems true. He acts odd, has two Master's Degrees and all his coursework for his PHd but dropped out and did not work for almost ten years. He has gotten a job as a night shelf stocker at Wal-Mart, but we think he had to because he ran out of things in FIL's house to pawn. No siblings want to ask him much because he asks for money and makes them feel bad. So the situation continues.

What do we do? I know he started the probate process a few years ago and us paying the taxes was related to that, he said. Can we reject all ties to this estate quietly, without insulting him or the other siblings? Themoney isn't worth the uncertainty of this situation. Will the house just revert back to the state eventually? What about mineral interests? We keep getting offers from companies about buying us out of property in other parts of the state we didn't even know we inherited. We've never seen a legal document throughout this process.

What would you do?

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Originally Posted by Skycastle

... Do we have a legal obligation to pay taxes on the place when he asks? ...

Certainly not.

Quote:

Originally Posted by Skycastle

... Can we sign something to legally distance ourselves from this situation? ... Who do we call to get ourselves removed from this situation? We want no assets and no further involvement. ...

Your spouse need not do anything because he/she has no legal obligation. But if he/she want to renounce any claim to the estate she/he can certainly do that.

Quote:

Originally Posted by Skycastle

... Is it legal to never settle an estate? Who is responsible for seeing it is done? ...

You (your spouse and the other heirs) are the only ones who can force a resolution. One simply applies to the probate court which appointed him for an order removing him and replacing him with someone else.

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Originally Posted by Skycastle

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Themoney isn't worth the uncertainty of this situation. ...

I don't understand what you are worried about. The worst that could happen is if you nothing he will squander it all away leaving your spouse & his/her siblings nothing. The heirs have no liablility here.

Quote:

Originally Posted by Skycastle

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...
Will the house just revert back to the state eventually? ...

If he doesn't pay the taxes, sure, the state or local government will take it for taxes.

Quote:

Originally Posted by Skycastle

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... What about mineral interests? ...

Everything.