What can we do if my sister is the executor of my mother’s estate but has not sold it and it has been years?
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What can we do if my sister is the executor of my mother’s estate but has not sold it and it has been years?
She has her daughter living in it with no for sale sign on it. There are 5 siblings in which the house was to be sold and profits equally. What can we do to make her sell the house? We have not done anything since no one has the money for a lawyer. Can we sue the executor and use her cut to pay for the lawyer? I feel certain that after all these years she has used up her share of the profit. The house is only worth $150,000 at the most. We have not received any compensation from her.
Asked on January 10, 2015 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
She was appointed as the executor? And has Letters testamnetary to prove it? And the court has not moved forward in any way with the Probate proceeding? It sounds like she is in breach of her fiduciary duties to benefit herself and that is a no no. You should go down and speak with the court attorney about getting a conference before the Probate Judge to get the matter moving You can petition to have her removed and have another sibling appointed in her place. You can force the sale of the house. She can use estate funds to fight you so beware if there are any around. Best to ask the court for a conference. Good luck.
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