G-mother died 10 years ago, left handwritten will with my mother as executrix. Atty advised her that if she executed the will, the IRS would force sale of the house to cover her back taxes (the only real property, and her only place to live). She was quite ill, and let it slide.
5 years later she died. I got an attorney, to try to take over administration. She started off strong, but blew me off time and again until I threatened her with the BAR.
Handwritten will leaves 1/3 each to me, my aunt and my mother. Meaning 1/3 + 1/9 to me. My siblings (1/9 each) are refusing to sign papers for me to administer as they do not want the house sold (emotional response). I had to pay for my g-mother's funeral, + I've paid taxes since 1996 + about 25K to restore it to liveable condition, with no one offering to help at all. Apparently my g-mother once said that my sister should get the house when she died, so they're MAD. Neither has helped with any $$ or work EVER.
What can I do?
2006-12-28 15:51:41 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Request the probate court to appoint an administrator. The court will appoint an attorney or bank to administrate the estate.
This will cost the estate more money, but your siblings have no right to prevent the estate from selling the property for tax purposes. If they want the house, they need to buy it from the estate at a fair market value. Debts take precedence over their 'wishes.'
2006-12-29 00:48:50 · answer #1 · answered by Aggie80 5 · 0⤊ 0⤋
Try getting a new attorney and sueing the estate ...it should force a Judge to make a decision.
Good Luck !
2006-12-29 01:23:14 · answer #2 · answered by John 7 · 0⤊ 0⤋