What to do if executors are fighting about how to handle the distribution of assets?

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What to do if executors are fighting about how to handle the distribution of assets?

There are 3 children; 2 took cars from the estate. Also, there are 2 houses that we’re trying to sell. However 1 of the silblings is demanding payment for the cars prior to the sale of the houses. He is asking us to sell the cars to pay for property taxes, maintenance, etc. We have had the cars for 1.5 years already. Does he have a valid argument or is it fair to keep our original agreement to divide the sale of the houses according to percentages minus the value of the cars between the 3 of us?

Asked on June 8, 2011 under Estate Planning, Florida

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for your situation. If you and your siblings are to share in the estate equally then remember that you all have equal rights in the estate and the proceeds from the estate.  The agreement that you spoke of: is that a written agreement or just a verbal agreement?  If it is written then you could try and enforce it but lets just stop and think for a minute:  things between family members can get heated when someone dies. And with siblings it can dredge up a whole host of other sibling issues.  So take a deep breath.  Make sure that the executors are paying off the debt and filing the taxes, etc., before transferring the assets.  Then if it is really the same in the end try and explain it to him.  You have had use of the vehicles while he has not had use of the money so maybe that is bothering him and maybe you should make an offer to give him a little more as compensation.  And maybe your attorney can help mediate.  Good luck.


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