Q: Hello! I didn't explain in detail my last question. My house is set up in a real Estate trust, and their is an executor
In charge of it. The trust states that the executor has the power to sell my home, and the proceeds r to go to me, as the beneficiary. But, as I said, he has not reached out to me & is not fulfilling his duty as executor, or administrator. The bank started the foreclosure process, due to a reverse mortgage, and bc I am not the executor, I cannot legally sell the home. I'd like to have him removed as executor, and assign another person, so that I can get the property sold before I walk away with nothing, but I'm not sure if I can do it without representation from an attorney. Money is an issue, so I wouldn't b able to pay an attorney until the house is sold. I need help I guess
A: You can file a Removal Petition and Request to be appointed successor and also file an Equity complaint which would include the Trustee and the Foreclosing bank explaining to the Court that the Trustee should be ordered to pay the mortgage or act to sell so as not to loose the corpus. These are complex matters with expense involved for filing and proceeding and you should do your best to hire counsel.
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