How can I put my mothers house on the market if my sister is the executor? 8 Answers as of August 09, 2011

My mother died 7 years ago in May and my sister who is the executor of the will did not do anything to try and get the house on the market...not one thing. Like I said this was seven years ago which was prior to the falling economy and that house could have been sold. Also, she only lives one block away...ONE block. My brother and I are also on the will but my sister is the executor. We tried numerous times right after my mother died to put the house on the market but she just refused out of laziness. Back then, the house only needed an inside paint job and it would have been good to go but many things have happened that it is very probable that is now a tear down. Pipes have burst, the basement is totally ruined with mold and it has been overrun with mice, probably rats at this point. I just think how unfair this is. That house could have been sold but I doubt it now. What recourse (if any) do I have? My brother and sister and I no longer talk to each other. Any advice would be greatly appreciated. I have two special needs children and I really could have used that money. Thank you.

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
I am truly sorry to hear these circumstances. While you may have recourse against your sister for breach of fiduciary duty, you should have an attorney evaluate your case to determine whether or not you should bring a case against her in Probate Court.
Answer Applies to: New Hampshire
Replied: 8/9/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
The first question which needs to be addressed is why hasn't the estate been probated and closed by now? - If this property was to have passed to you by the will that should have taken place by now. If the property has passed you can bring an action for partition and force her to sell or buy you out. If it hasn't you need to get the will probated or the estate moved along - You should consult with any attorney who is knowledgeable in these matters. Disclaimer: This answer is not meant, nor should it be construed to be legal advice, Further, it is not intended to, nor does it create a lawyer/client relationship with any firm or individual to whom this answer is communicated.
Answer Applies to: Connecticut
Replied: 8/9/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Although you say your sister is executor, my guess is that probate has never been opened the Court would be breathing down your sister's neck to get action on this if it had. If I'm right, you (get an attorney and) petition to open probate and be named personal representative. Then you're in charge. But hire an attorney, there will be special considerations in doing this.
Answer Applies to: Oregon
Replied: 8/8/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
The questions you present are difficult. If the home is an estate asset and your sister is the court appointed Executrix of the Estate and you are not a co-representative you cannot list the property. Then, the better question is how can you go about having her removed from her position as Executrix? If she was court appointed then you can file a Petition with the Court to have her show cause why she should not be removed for filing to protect estate assets, etc. If she was not appointed by the Court then she really is not the Executrix. That being said you should consult with an attorney about your options and the costs associated with the same.
Answer Applies to: Nevada
Replied: 8/8/2011
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
First, if no one has petitioned to be executor with the county court, you can do that right away. The clerk of court should have the necessary forms. You will need to give notice to your siblings and state on the petition that your sister is the nominated executor of the will but you would like the court to name you executor. If your sister has already set up the probate estate with the court, then you can file a motion to have her removed as she has squandered estate assets (the value of the house). At that point, it would be up to you as to how far you wanted to push things against your sister. If she has been named executor by the court already and she has failed her duty to protect that asset, you may be able to recover the money you lost from her either through her share of the estate or through her own separate assets. You will want to discuss the particulars with an attorney if you go that route.
Answer Applies to: Illinois
Replied: 8/8/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Years ago, you should have gotten a lawyer and sued her in probate court. Do so now.
    Answer Applies to: Georgia
    Replied: 8/8/2011
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    Your best bet would be to petition the probate court to have the Executor/PR removed and have yourself appointed. If the executor's malfeasance created a loss to the Estate it is possible to seek to recover that directly from the Executor.
    Answer Applies to: Washington
    Replied: 8/8/2011
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