QUESTION
What right do I have if the executor of the will (sister) will not sign paper to get roof fix now she want to sale the house?
Asked on Aug 08th, 2013 on Estate Planning - Washington
More details to this question:
My Dad died and left a house to me, my sister and brother. His wife moved out leaving note on house unpaid to keep house from going into foreclosure. I paid the note up and still paying the note for a year.
11 ANSWERS
See an attorney to protect your interest in the house and estate. I hope the estate is positive and of some value. You should get credit for the payments on the note.
Answered on Aug 16th, 2013 at 1:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I need the details.
Answered on Aug 16th, 2013 at 1:48 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The executor has a responsibility to preserve the assets of the estate. You can go to probate court and ask the judge to force her to pay for the repairs out of estate funds.
Answered on Aug 16th, 2013 at 1:47 AM
You should take the Will to an attorney specializing in estate administration. If the house was a specific bequest you may have some right to resist it's sale by the Executor. On the other hand, if there is no specific bequest of that property, it is within the Executor's discretion to sell property belonging to the estate. You can always raise your concern with the Probate Court having jurisdiction over the case.
Answered on Aug 16th, 2013 at 1:47 AM
2 Awards
Get the help from an attorney ASAP. If you pay for an estate property, you are entitled to reimbursement. Your sister should be cooperating and because she is not, get help. You have invested this much, don't lose it now.
Answered on Aug 16th, 2013 at 1:47 AM
Your father's debts are not yours to pay off including the mortgage. Further, there may be homestead issues on the home for a surviving spouse. Your father's estate needs to be probated to make a determination of everyone's rights and duties. You need to hire an attorney and start the probate process.
Answered on Aug 16th, 2013 at 1:47 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your situation sounds complex, but you should be entitled to reimbursement for your payments, in the event that the property is sold. I am not sure how you would be able to compel the estate to pay for a new roof, particularly if it is otherwise insolvent.
Answered on Aug 16th, 2013 at 1:47 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It's the PR's call. (Odd that you're still using the term "executor;" this is an Oregon question, right?) If the PR makes a bad call (without the roof fixed, house can't be sold and goes into foreclosure; or house sells for less) you could petition the court to surcharge the PR. You have to prove you were right and PR was wrong. Also, the choice not to pay the mortgage was the PR's. You can assert now that you made loans to the estate; but PR can say you made payments without authorization to do so, and you're out.
Answered on Aug 16th, 2013 at 1:47 AM
Thomas Edward Gates
You can ask for a court hearing on the matter. You can also ask to be reimbursed 2/3 of what you have paid thus far to keep the asset.
Answered on Aug 16th, 2013 at 1:47 AM
3 Awards
You need to meet with an attorney to address your options. The attorney will need to know how title is held and review the documentation of your payments to advise you on next steps. Best of luck to you.
Answered on Aug 16th, 2013 at 1:47 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain the assistance of a probate lawyer to sell the house and obtain a credit for your expenses in maintaining the house, and distribute the proceeds, or be able to buy out the other heirs.
Answered on Aug 16th, 2013 at 1:47 AM