Q: My mom put in her will that the house was to be sold within 1 year of her DOD. First our sister, the executor wanted to
buy the house, but backed out. Now our brother is wanting to buy the house but has not yet qualified for a loan even though he has had 5+ months. So our sister is saying the house won't be sold within the year time frame and if he doesn't qualify, we will have to then openly market it. 3 other sibling feel he has had plenty of time to get his loan. What can we say to the executor who is not following what our mom wrote in her will?
A:
Dear Santa Maria:
If an executor is not following express directions of the will, you can petition the court and obtain an order that the executor act as required under Probate Code section 9613, and you could couple it with a request to partition by sale under Probate Code section 11950.
If you are having problems with an executor (or administrator or trustee) not doing their job, you should consult an attorney as it may indicate other problems. If you do not know where to find an attorney, you might wish to try your local county bar association. Most California county bar associations run attorney referral programs that match you with an attorney who provides a consultation for a nominal or no fee.
Kenneth V Zichi agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
