[Turbo Dog]

All right... This is a little complicated so hang with me here...

3 years ago my wife's grandmother passed away. She had 6 children. The will stipulated that initially, although the estate were to go to 5 of the 6 siblings, the 6th (Uncle "A", let's call him), would be allowed to reside there for however long he wished, as long as he kept the house up and paid the bills. Within 6 months Uncle A was in severe default of all the bills. At this point, as per the will, the home would be turned over to the remaining 5 to do with as they wished.

The home has been on the market for 2 1/2 years, with little interest from home buyers. An offer was made from a potential buyer known by the family to be trustworthy. The offer was to sell the home on a 3 year CD with a balloon. 4 of the 5 siblings wish to proceed with this deal. The fifth does not. The disagreeing sibling is also the executor.

Uncle A is still residing in the home. The other siblings are basically forced to support him by all paying an equal share of the bills. 4 want to sell the home on CD, they feel it is in their best interest. The 5th (and executor) does not. Can the 4 overule the 1 who also happens to be the executor? The longer Uncle A resides there, the more the property degrades and the more devalued and difficult to sell it becomes.

[George_1950]

Can the 4 overule the 1 who also happens to be the executor? The longer Uncle A resides there, the more the property degrades and the more devalued and difficult to sell it becomes.

Welcome to AMHD. The answer is yes, probably. The sibling who is best at organizing and 'getting things done' needs to step up and get advice on filing a petition to settle the estate, or a petition to sell an asset of the estate. I am unable to comment about the will for two good reasons, maybe more: I haven't read it and I don't know what state you are in. But these situations do arise and there are ways around it.

[Fr_Chuck]

Several things being done wrong, 1. Uncle if he was in default of the bills, should merely be evicted. He has no legal right at this point to still be in the home.

This can go though probate court where the judge could order the sale if it is believed to be in their best interest.

[Turbo Dog]

Thank you both.

I'm the organized go-getter, and though I am not party to this in fact, I was asked to look into it and see what could be done, so again, thank you both.

And yes, should have mentioned the state is MN.

[George_1950]

Thank you both.

I'm the organized go-getter, and though I am not party to this in fact, I was asked to look into it and see what could be done....

Yes, you can look into, but cannot do, as you may lack 'standing', at this point.