Comments on: my mother passed away 18 months ago an there are 2 houses still not sold?

By: Don C

Don C — Thu, 26 Nov 2009 22:14:59 +0000

If your brother was appointed as (and has been certified by a probate court as) the official executor for your mother's estate then there will have to be a final accounting to the probate court in order to make a final judgement as to the distribution of assets in the estate. That does not mean that your brother has to get your permission or even inform you of every penny he spends in order to, say, prepare property for sale by the estate in order to convert the property into a cash asset of the estate. Different states do have some exceptions regarding claims of bad faith expenditure claims against an executor(s). The best thing to do is to consult with an attorney who is experienced in probate matters. If you challenge your brother's handling of your mother's estate, then you *must* make sure that there is no clause in her will regarding challenges by anyone named as a receipient of property from her estate. Some people will add such a clause to the effect that will eliminate your rights to any of her estate if you file a challenge. Best to consult with an experienced attorney.
References :

By: MLaw

MLaw — Thu, 26 Nov 2009 22:04:59 +0000

If you have an interest in the property you should retain an attorney to make sure everything is done properly. If it isn't I can guarantee you it will cost you more than an attorney.
References :

By: sensible_man

sensible_man — Thu, 26 Nov 2009 21:32:59 +0000

If you feel money is being wasted (which you are due to receive when the houses are sold), contact the executor of the estate and question it. If your Brother is going to buy one of the houses, he should be paying the taxes and insurance or buy it now. These "expenses" should be deducted from their shares of the estate if they are delaying.
References :

By: wizjp

wizjp — Thu, 26 Nov 2009 20:59:59 +0000

YOu say there is an estate; you need to have the probate court get a statement of accounting from the executor of the estate and challenge it if you have issues
References :