QUESTION
What can I do if I am executor to my mothers will but nothing has been done with the house?
Asked on Oct 10th, 2011 on Estate Planning - Georgia
More details to this question:
My brother was executor to our mom's will. She died about a year and a half ago. The will stated that my sister and I were to receive her house and divide it between ourselves. It appears there has been nothing done with or to the house all this time and my brother has not contacted me or I suppose, my sister, as to the disposition of this property or it contents. I was asked to give a list of the belongings that I had an interest in and have never heard about any of this. The original lawyer told me to call the court, but didn't give me any other specifics than that, so I am out. Please advise us.
3 ANSWERS
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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Are you the personal representative, or is your brother? The PR has to account annually, sending the account to the court and to the devisees. The account should say what is happening with the house.
Answered on Oct 17th, 2011 at 4:18 PM
3 Awards
You probably should consult with an attorney who will need to review the court file to determine what has and has not been done. Also it is important to confirm how title was held to the home when your mother died. There is a possibility that it is not a probate asset and is not subject to the Will.
Answered on Oct 17th, 2011 at 4:05 PM
Glen Edward Ashman
Since it appears that your brother may be mismanaging the estate, and since the estate lawyer does NOT represent you, you get your own lawyer to see if you need to sue to remove your brother and take over.
Answered on Oct 17th, 2011 at 2:32 PM