QUESTION
Is there anything legal that can be done if the executor won't change their mind?
Asked on Aug 24th, 2013 on Estate Planning - California
More details to this question:
My two sisters are executors of my mother and father estate and the house is in very poor shape. They put house up for sale as is but no one buyer. I told them that we need to do some work to the house so we can better show the house. My mother and father left about $75.000 to all of us and the executors are holding that money too. They have now went through about $10.000 of that money. And now wants to put the back up on the market without doing anything to it.
13 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can file a motion in probate court. You will have to show that they are not acting in the best interests of the beneficiaries.
Answered on Sep 09th, 2013 at 7:00 AM
You can petition the probate court to either appoint another executor or supervise the actions of the current executors.
Answered on Sep 04th, 2013 at 10:05 AM
It would be best if you can work with your sisters to come to an agreeable resolution.
Answered on Sep 04th, 2013 at 10:05 AM
Thomas Edward Gates
The executor controls, but if you can show that they are abusing their powers you can request the court to have them removed.
Answered on Sep 04th, 2013 at 10:03 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You could petition the court to instruct the PRs to do otherwise. The "rule of thumb" is that money spent on a house is not recovered when you sell, so maybe they're right.
Answered on Sep 04th, 2013 at 10:03 AM
Sounds like you have a disagreement about strategy for success in the real estate market. Unless you can show that the executor is unreasonable, the executor gets to make these decisions. If you disagree with the executor about what the house can bring, you can buy it and sell it for the difference and keep it for yourself.
Answered on Sep 04th, 2013 at 10:03 AM
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You can file a petition for instructions with the probate court and ask that a time frame be given to sell the home as is or to require the PRs use estate money to fix it up. The court may agree or it may not.
Answered on Sep 04th, 2013 at 10:03 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could ask the court to remove them as executors because of incompetency.
Answered on Sep 04th, 2013 at 10:02 AM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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Executors have a duty to protect the estate and liquidate the assets and distribute them as efficiently as they can. I am curious how they could "go through" $10,000 if they haven't made any improvements to the home. Perhaps they are paying an attorney or realtor exorbitant fees to get advice. Or they may be wasting the money in some other way. You can go to probate court and demand an accounting. You can also argue that the executors are being wasteful and doing a poor job, and request a change in executors. Sometimes when you win a request like that, you can get the court to approve payment of your attorney's fees out of the estate.
Answered on Sep 04th, 2013 at 10:00 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Consult a lawyer and perhaps petition the court.
Answered on Sep 04th, 2013 at 10:00 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Very tough issue. This is one of those areas where the personal representatives would have a fairly wide degree of discretion. You can complain to the probate court if you feel there is a breach of fiduciary duty, but this seems like an area where reasonable minds could easily differ. I would try to discuss this with them and see if there is some compromise you can agree on.
Answered on Sep 04th, 2013 at 9:58 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The executor has no responsibility to spend estate assets with out instruction from the probate court or provisions of the will, how did your sisters already spend $10K? You need to seriously look at that and maybe seek counsel to file a petition to have them removed and yourself appointed as executor.
Answered on Sep 04th, 2013 at 9:58 AM
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You can go to court and advise the judge of these facts, get a report from a real estate agent, and ask the court to order them to fix the house.
Answered on Aug 26th, 2013 at 12:02 PM