Q: How long can my sister , the executor stall selling the house ,occupied by my brother with no rental agreement ?
The will states the assets/property be sold and divided 4 ways but no timeline to sell the house is specified. Also after 8 months she (The executor) still has not protected ( Insured ) the asset and unilaterally decided to pay monthly utilities and car insurance from estate monies without others agreement. She will not state her plan or intentions. Brother is disabled and needs to be relocated or buy others out. What can I do ?
A: Eight months is not a long time for an estate administration, but not protecting assets of an estate is a breach of fiduciary duty. Such a breach may be grounds for immediate removal as executrix. You should immediately retain estate counsel to discuss your options and to consider an immediate removal of your sister as executrix.
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