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Now that I've read 8 pages of posts, I'm extra curious to find out how this works out. Be sure to post, especially since so many have generously shared their knowledge (and opnions! ).
I will as soon as it gets resolved. I’m thankful for all the recommendations
Please allow me to double down on Bitey's advice, he/she had it correct eight pages ago; your sister has violated her duties as Executor and needs to be replaced by the Court as soon as possible. Her reluctance to disclose information is a major red flag for me - until she is replaced you can't even be sure of the facts of the case (whether she took out loans on the property, whether the taxes are paid up to date, or whether the property is even insured at this point). The OP and siblings need a competent Lawyer YESTERDAY to begin resolving this. Especially if the sister living in the property hires her own attorney to fight replacement, if only as a stalling move.
They say, "You don't know a person's character until you split an inheritance with them". Unfortunately, this does not speak well toward the sister's moral compass, she sees the property as "hers" because she has lived there so long. Good luck on this.
Removing her as an executor is going to be another sensitive topic that will trigger more drama. Do I just hand her a letter and say you are no longer the executor?
I almost hate to ask but if the house is truly not a part of the estate, having been transferred to all the siblings prior to the death of the parents, and the particular sister living there is the executor of the estate, what terms of the will are not being addressed and how would that affect division of other assets? Are there other assets yet to be divided that may allow for a more satisfying arrangement for all involved?
There is no will. Only a deed . I made a mistake .
Bitey said: Will or no will, the estate still needs to go through the probate process. There is a default procedure for the courts to follow in the event of no will -- chances are it will be similar to what is already structured in the house deed (equally divided among siblings).
The OP later said the property was already titled in the 8 siblings names so this asset is not part of the probate process at all. That makes it a much less expensive process to get it sold. No estate lawyer needed, no probate. A simple partition lawsuit brought by any one or more of the people named on the deed. BUT the deed must have been recorded at the county office.
Removing her as an executor is going to be another sensitive topic that will trigger more drama. Do I just hand her a letter and say you are no longer the executor?
Face it, you're going to pizz her off. You need the support of your siblings but you need an attorney.
That attorney can go to a judge and have her removed. The judge can appoint a new excutor and appoint a Realtor to get it sold. They will force the sale.
There are Realtors who have dealt with estates and divorces like this regulalry where we are appointed by the courts to get the house sold. The judge will take over and get it done.
My mother and her sister did not talk to each other for 20 years over a situation kind of like this. The older sister was stubborn, hard headed and had to have everything her way. There was no salvaging the relationship.
Sometimes it happens. Like a bandaid you'd be best to rip it off quickly and get it behind you. Then you might have a chance for the family to heal.
You need an attorney. Fast.
I see this all the time in this line of work. It ain't pretty and it never ends well. Just accept that fact.
Removing her as an executor is going to be another sensitive topic that will trigger more drama. Do I just hand her a letter and say you are no longer the executor?
No, you have no power to do that. That is done by a lawyer who files a suit in the court to remove her. Complicated and expensive and takes a long time. Last resort and perhaps unnecesary.
If the house is the biggest asset go to a real estate lawyer (NOT an estate lawyer) and ask about a partition lawsuit. According to what you have said it's already titled outside the estate in siblings names, that makes it much easier. The lawyer will go to the county deed office and get a copy of the deed (you could do this also).
This is why my wife and I are having our home sold when we die. We have that as part of the will. Now if one of the kids wants to buy the home that is another story. The proceeds will be split among the kids.
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