QUESTION
What can she do to get the property sold and the proceeds distributed to the three siblings?
Asked on Nov 06th, 2016 on Estate Planning - Utah
More details to this question:
My aunt passed away almost a year ago. She had a will but it was not notarized. She named her brother, who lives in another state, executor. The will states that all her property is to be distributed equally to her surviving siblings, including a house in another state. The executor wants to leave the house as a rental until the current tenant dies, which could be years from now. One of the surviving siblings disagrees.
1 ANSWER
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Randy M. Lish, Attorney at Law
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She needs to petition to have the executor removed and replaced. The will does not give the executor to basically set up a trust, and she can file a petition to replace the executor with the someone who will adhere to the will. If the estate is intestate because the will is not valid, she can still petition to replace the executor.
Answered on Dec 10th, 2016 at 6:48 AM