Can I petition to have the the person assigned to oversee my mom’s estate replaced if he is not paying the property taxes or the insurance on the house?

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Can I petition to have the the person assigned to oversee my mom’s estate replaced if he is not paying the property taxes or the insurance on the house?

I am thinking about keeping the house but was told I would have to come up with a loan for $400,000 the value of the house, but an appraisal has not been done and I only have one sibling so I should only have to come up with a loan for half the value of the house, plus my attorney fees. Is this correct?

Asked on May 6, 2013 under Estate Planning, California

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

Yes, you can petition to have the personal representative replaced if he is not properly taking care of the estate's assets. 

Regarding your purchase of the house, it is not quite as simple as you have described. Much depends on the value of the estate's other assets and debts. For example, if the estate needs to sell the house for $400,000 to pay its debts and it sells half of the house to you for $200,000, it cannot then give you the other half of the house and leave the other $200,000 debt unpaid. 


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