What can we do if my sister is the executor of my mother’s estate but has not sold it and it has been years?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can we do if my sister is the executor of my mother’s estate but has not sold it and it has been years?

She has her daughter living in it with no for sale sign on it. There are 5 siblings in which the house was to be sold and profits equally. What can we do to make her sell the house? We have not done anything since no one has the money for a lawyer. Can we sue the executor and use her cut to pay for the lawyer? I feel certain that after all these years she has used up her share of the profit. The house is only worth $150,000 at the most. We have not received any compensation from her.

Asked on January 10, 2015 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

She was appointed as the executor?  And has Letters testamnetary to prove it?  And the court has not moved forward in any way with the Probate proceeding?  It sounds like she is in breach of her fiduciary duties to benefit herself and that is a no no.  You should go down and speak with the court attorney about getting a conference before the Probate Judge to get the matter moving  You can petition to have her removed and have another sibling appointed in her place.  You can force the sale of the house.  She can use estate funds to fight you so beware if there are any around.  Best to ask the court for a conference.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption