Real Estate Question (appointed, how much, attorney)

[taburg3]

I am trying to sell my Mother's house and this is the issue:
I was appointed by the probate court as Executrix of her estate. I am trying to sell her house now and am two days from closing. Because My older brother is deceased, but listed in her will, the real estate attorney wants to appoint a Guardian Ad Litum for my brother's minor child; even though he was legally married at the time of his death. Would his legal wife not be the one to claim his share of the estate?
Please respond ASAP so I will know what to do.
Thank You.

[arbyunc]

Sorry, I can't help you, other than to suggest you call a trusted attorney on this. It isn't really a real estate question--it's a probate question. I assume your brother's wife is not already the kid's legal guardian? Is she a step-mom?

Of course I don't know your situation, but as executrix you have a fiduciary duty to ensure the money is distributed in accordance with the decedent's wishes. If you have an evil step-mom situation, you obviously want to be sure she doesn't steal the kid's money. That might mean setting up a trust account for the kid's benefit (depending on how much money is involved), but this area can be touchy so good legal advice is needed. I wouldn't trust this issue to a message board!

[stargazzer]

Inform the Real Estate Attorney that will will not authorize this maneuver and give him a written , witnessed, directive to release all monies resulting from the asset of the Home to yourself the Executrix of the estate. It is then your legal responcibility to satisfy the expectations of the estate. In short the reality attorney is attempting to further involve his firm into creating a more substancial involvement , increasing fee's and his costs. DO"NT LET HIM.. Follow above and then simply follow the expectations of the will. If you encounter any further confusions consult a Lawer who would be independent of reality transaction, this way you can control the service required a little better and that means less confusion, less loop holes and less rip off