What to do about an executor who is trying to take over an asset?

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What to do about an executor who is trying to take over an asset?

After mom’s passing her home was supposed to be sold and the proceeds divided between the 4 of us. My brother’s son had no place to stay so we allowed him to live in the house with the condition that he take care of it and pay the taxes. We just learned yesterday that the house is up for sale. Our brother was the executer of the estate. He said that he just put the house in his son’s name without asking the rest of us. Is this legal? How can we each get our portion of the sale?

Asked on April 23, 2012 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss. No, what your brother did is known as a breach of fiduciary duty and quite serious in the scheme of things.  What you need to do is to get an attorney and block the sale of the house and have it removed from the market and then to have it placed in your names. You also need to remove your brother as the executor.  The attorney can discuss damages with you.  Good luck.   


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