What can we do to prompt him to finalize our inheritance? 6 Answers as of March 30, 2015

My eldest sibling has handled our parents will. He has distributed most of it but hangs on to some cash in a savings account and a piece of property that he won’t sell due to not accepting any buyers offers. There are 7 children in our family. Is there a statute of limitations? It is 2015 and my parents passed away in 2006 and 2009.

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Stephen Mancini
Stephen Mancini | Stephen Mancini
If you all inherit the estate you should really be tenants-in-common at this point and as such, can compel a "partition." You refer to a Will, not a trust. If there was no Trust that owned the property there should have been a probate. Whether a Will or a Trust, hire an attorney to file a petition in Court for an account and an order compelling the sale of the property.
Answer Applies to: California
Replied: 3/30/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Is there a court (probate) proceeding? If so, contact the lawyer first, and see what explanation he has. If you are not satisfied, you can hire your own lawyer to file a petition to have bro removed.
Answer Applies to: California
Replied: 3/25/2015
Law Offices of George H. Shers | George H. Shers
Has your brother been appointed by the probate court administrator of both Wills? The title to real property [real estate] can not be changed, so can not be sold, unless the matter is in probate. If probate has not yet been opened, any of the heirs can file a copy of the Wills or explain he has the originals, and ask the court to appoint someone other than your brother to handle the matter since he has refused to resolve it over many years and never filed for probate. If the Wills are in probate, you can ask for an accounting to be filed and then file some type of motion to get the court to force him to settle the Wills. First read a book, such as those by Nolo Press, to understand the process and then contact him in writing saying that unless he resolves the matter by X date you will act.
Answer Applies to: California
Replied: 3/25/2015
James Law Group
James Law Group | Christine James
You may have to have him removed as executor/ trustee. Speak with an attorney about your options.
Answer Applies to: California
Replied: 3/25/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Go to a probate lawyer to file a petition to partition the estate and force distribution to you heirs.
Answer Applies to: California
Replied: 3/25/2015
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    It appears that you need the court to intervene, most likely by ordering a change of executor of the estate. There is no precise statute of limitations, but a court will likely question why a sale or distribution of the property has not occurred. I strongly suggest you meet with an attorney to represent you in this matter. Representing yourself is time-consuming and risky.
    Answer Applies to: California
    Replied: 3/25/2015
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