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12 answers

Are you saying you are co-Executors? If there are expenses he can contest them at the final accounting- but it will be messy/

GOOD LUCK

2006-08-28 08:41:40 · answer #1 · answered by Anonymous · 0 0

I assume your brother is the executor or he would not be able to execute transactions on its behalf like run up debt. If you are a beneficiary, you have, I believe the option of opting out of your share of the estate along with the debts or accepting them both as a package. Check with an estate planning attorney on this. The consultation will be worth the money.

If you have already signed on as a beneficiary, and your brother runs up debt in the estate's name, and he is using the proceeds of that indebtedness for his own personal gain, then you have a case against him, but you are still liable.

I am a layman, so take that all with a grain of legal salt. The one thing NOT to do, is to sit around and hope for the best. Get an attorney involved early on. You might be able to assume executorship if he is mishandling things badly enough.

2006-08-28 10:33:25 · answer #2 · answered by JoeFunSmith 2 · 0 0

Are the debts nessesary to sort her estate out if they are then he is doing nothing wrong if there not to sort the estate out then go straight to a solicitor because it may be illegal what hes doing. We need more details to give you a good answer.

2006-08-29 04:54:27 · answer #3 · answered by Jabba_da_hut_07 4 · 0 0

No, you won't be in a position to tension him to sell it - yet you are able to sell your mom's 0.5 to somebody else. probably, in case you provide him warning, he will might desire to settle on between: a million: possessing 0.5 a house with a stranger as an important different 2: Paying your mom honest industry fee for 0.5 the abode and possessing the finished subject 3: advertising the abode with you (and your mom) and splitting the proceeds yet no, till there is a few style of clause on the deed or some settlement between your mom and your brother, you are able to no longer tension him to sell. yet you need to use YOUR skill to attempt to get him to flow. i might observe, inspite of the undeniable fact that, that if this is going to courtroom, the decide will pick to correctly known honest industry fee on the time of ejudication, no longer while the abode grew to become into offered or what you adult adult males frequently think of it truly is properly worth. With a depressed industry, i do no longer the two of you is going to do ok advertising it. the actuality that the money may well be going to a solid clause probable won't get you something - legally, advertising it to pay to your mom's care is resembling advertising to pay to your holiday to Hawaii.

2016-11-05 23:23:26 · answer #4 · answered by fleitman 4 · 0 0

If your are joint owners then your brother can not run up debts on the property without your permission

2006-08-28 08:49:42 · answer #5 · answered by Anonymous · 0 0

If you have joint ownership and he runs debts up against it he is acting illegally without your signature to approve such actions.

It will be messy to sort out though.

2006-08-28 08:47:59 · answer #6 · answered by Anonymous · 0 0

if he is declared bankrupt the trustee will order the sale of the property for his share. but the trustee can arrange for you to purchase his share before it goes on the open market. that of course depends on you being able to raise the funds on your half.

2006-08-28 11:59:28 · answer #7 · answered by Anonymous · 0 0

personally you would not be but if the debts are secured on the property you may find yourself contesting it in a court. however if your bro's name is on the debts he would struggle to defend himself.

2006-08-28 10:11:46 · answer #8 · answered by Anonymous · 0 0

Depends on the type of ownership.

2006-08-28 08:41:45 · answer #9 · answered by Anonymous · 0 0

Yes. Find a way to separate it, buy him out, let him buy you out, or sell it.

2006-08-28 08:49:21 · answer #10 · answered by Margie 4 · 0 0

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