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pearlhar · Feb 2, 2009, 11:04 AM

Out from under me. I live in CT and I have been living in my mothers duplex house which was left to the 3 of her children 2 years ago when she passed. My sister is in a nurseing home and her 1/3 of the sale of this house will already go to the state since her medicare ran out. She wants no part of the house. He had a lwayer send us a letter stateing he can sell out from under us saying because he is excutive of the will he can do this. Now I have never seen this will. Can he do this with out mine and my sisters concent to this?
Also I have been paying all the land and school taxes on this house can I make him pay his 1/3 of the taxes? I have also been paying the water and sewer bill for both sides of the house can I make him pay his share of this too? It's a 2 family side by side home.

ebaines · Feb 2, 2009, 11:13 AM

I am surprised that you have not seen the will. As an heir you have the right to see it, and as executor your brother is required to share it with all interested parties (all the heirs).

As to the property - unfortunately it's not yours, so you can't just live there without an agreeent from the others. The 3 of you need to figue out how to amicably share the value of the property 3 ways. Some alternatives:

1. Get an appraisal of the market value of the house and offer to buy your two siblings out.
2. Offer to pay your two siblings rent.

If you can't afford to buy them out or pay them an amount of rent that's agreeable to all, then indeed you will have to sell and each of the heirs takes their 1/3 cut of the proceeds.

ScottGem · Feb 2, 2009, 11:41 AM

I agree with ebaines, but she didn't quite answer your question.

Whether the executor can sell the property without your consent or not depends on the terms of the will.

It is certainly possible that he can. For example. If the will states that the three siblings will share equally in the proceeds of the estate, then the executor can dispose of the estate anyway he sees fit. He would not need the consent of the beneficiaries. On the other hand, if the will specified that the house would be given to the three of you in equal shares, then he would probably have to get your consent.

So the first thing you need to do is demand a copy of the will. Then speak to your own attorney as to what options you have.

Your best bet is to buy out the other two. Have your brother set a fair value for the house, then you pay each of your siblings their share of that value, in which case they sign over their interest to you so you become sole owner on the deed.

By the way, who lives in the other half?

As to the taxes and such, you certainly can deduct their share of the expenses from their share of the buyout. But this would have to be written into the buyout agreement.