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dawnistrue · Aug 4, 2009, 11:04 AM

Hi,
Both of my parents passed away in 2006. I am executrix of their estate. I have two sisters, one of which has caused extreme problems along the way. The will states that upon the death of my parents, we are to sell the home and split the proceeds.
My question: The home has been on the market for 2 1/2 years. I recently got an offer and have agreed and signed a contract. As executrix, do I HAVE TO inform my sister before the closing? I am POSITIVE she will try to put a hold on the sale as she has had attorneys writing me letters of craziness that my sister and I are tired of. My fear is that after FINALLY getting a buyer, she will ruin the sale. We have unfortunately had to take much less for the home because of the market. I am unable to keep up the monthly taxes and bills as the estate acct. is almost cleaned out. Please Help!!

Another question: My sister also owes over 30,000 dollars to be paid back to the estate as my father requested. She has denied the amount, of course, however, how would I do that reimbursement to the estate fairly?
Thank you for any help you can give me on this painful issue.
Sincerely, DawnMarie

AK lawyer · Aug 4, 2009, 11:33 AM

Originally Posted by dawnistrue

... As executrix, do I HAVE TO inform my sister before the closing? ...

No, normally not, unless the probate case is a "supervised administration"

Originally Posted by dawnistrue

... how would I do that reimbursement to the estate fairly?
...

Let's do an example.

There are three of you, A, B, and C. C owes $30,000. The proceeds from the sale of the house are $300,000. That is the net value of the estate (no other assets, the estate account is spent.) I believe it would be done like this:

Assets:
proceeds from house $300,000
due from C $30,000
total assets $330,000

Distribution
A $110,000 ($330,000 divided by 3)
B $110,000 ($330,000 divided by 3)
C $80,000 ($330,000 divided by 3, minus $30,000)
total distribution $300,000

ScottGem · Aug 4, 2009, 12:14 PM

As executrix, you have a fiduciary responsibility to process the estate fairly and ethically. Therefore, if the bad sis feels you haven't done so, she can have her attorney sue you.

Whether she will win or not depends on whether you can prove you acted correctly. So, if you do not inform her of the sale (which you are not required to do) she can sue you. I would then counter sue her for attorney costs for defending against a frivolous suit.

As for dividing up the estate see AK's example