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Newark Trust · Jul 30, 2008, 01:56 PM

Hello

My mother died recently. My brother is the executor of the estate. He lived with my mother prior to her death. The will clearly states that of all of mom's posssessions go into an estate, get sold and then be evenly distributed among six siblings.

My brother is refusing to put the house on the market.

The questions

--How do we make him sell the house?

--If he stays there for a certain period does he gain squatters' rights or more rights to the property.

The house is in Florida. The other kids are scattered around the country.

Thanks

0rphan · Jul 30, 2008, 02:23 PM

Hi newark.. I am so sorry for your loss.

You say your brother is executor of your Mum's estate, and that there is a will, so she obviously put him in a position of trust to carry out her wishes.

Was the will dated and still valid, did she intend to change it before her death, did she leave verbal intruction to your brother, was he her carer, was there a verbal agreement that your brother should remain in the family home for the rest of his life or until he chose to sell,. maybe if he married?

You need to find the answers to these questions and act accordingly:

Alternitively seek the advice of a solicitor who will advise you of the correct steps to follow.

smearcase · Jul 30, 2008, 05:01 PM

The five others siblings should send him a letter informing him that if he wants to keep the house he needs to come up with five-sixths of the appraised value of the property by a date certain. That's oversimplified I realize but that is basically what will have to happen.

Fr_Chuck · Jul 30, 2008, 05:39 PM

You will have to file a motion with the probate court to order him to do this, or even remove him from being over the estate and have the court appoint someone.