QUESTION

Frustrated sibing

Asked on Apr 11th, 2020 on Wills and Probate - New York
More details to this question:
A few months ago I was appointed Executor of an estate. My brother and I are the only heirs to the estate and the main (basically only) asset to the estate is real property. Here's the problem: I first offered to buy him out since he hadn't paid a red cent towards any property bills while living there for the past 10 years - no reply. My next offer was to put both our names on the deed of the property and I take out a mortgage and be 100% responsible for repayment (the house should almost be condemned as it falls 70% lower than the neighborhood comps based on a recent appraisal) - no response. I fear putting both of our names on the property deed because there seems to be a good chance that he will not agree to sign for a mortgage. Outside of a partition, what are my other options? I saved money by not hiring an attorney to have my brother removed as Executor (I am successor Executor) because as it stands now I am caring for two households. This has been going on for over 4 years
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
You can continue to be walked over like a door mat, you can file an eviction action in small claims court or your can file for a partition.
Answered on Apr 12th, 2020 at 5:04 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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