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    dleeper1's Avatar
    dleeper1 Posts: 1, Reputation: 1
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    #1

    Jul 22, 2013, 02:41 PM
    Force executor to sell
    My brother is the executor of my fathers will. After he passed my brother moved in without buying it and has not paid me my share for almost a year. Can I request the house be sold even though he's the executor. The house is in Texas.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 22, 2013, 03:01 PM
    First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your question to its own thread.

    There is nothing wrong with the executor moving in to father's home. However, he should be paying the estate rental value. You may be able to force him to finish probate by petitioning the probate court to complete dissolution of the estate.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Jul 22, 2013, 04:19 PM
    You 'get your share' when probate is final. Is it?
    You and he can agree to put the house up for sale now, or he can agree to buy out your share. Is that your agreement with him?
    Are there other assets, such as cash, that your brother is waiting for to buy you out with?
    Are we to assume that you and he are the only 2 heirs?

    If you and he are not in agreement about the house, then you have to wait for the probate court to order it to be sold.

    As said, he should be paying rent into the estate (or paying you half the going rental rate, in an informal arrangement).
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