Q: Can I sue my brother, the estate executor, to sell our mother's house?
I want to sue my brother, who is the executor of our mother's estate, to sell our mother's vacant house. Myself and my other two siblings agree to the sale, but our fourth sibling, who lived in the house, is now using estate funds to pay for utilities and expenses that will be divided among the four of us. Our brother, the executor, claims he is "not ready" to sell and seems to be exploiting his power due to his poor financial situation.
A: I recommend that you (and the siblings in agreement with you) consult with a probate attorney or 2 of your choice to discuss your concerns and desires as to this situation-----after said consult, y'all can then decide the best way to proceed----whether it is to have your brother pay your fair market value for your respsective interests in the house or if you should file something with the Court asking for a sale of the property. Or if there is a different option which is determined based on the information obtained/discussed in your meeting. Handling this without advice from an attorney is not a recommended way to proceed.
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