What are the duties of the executrix of the estate?

Question

My father passed away a year ago and my oldest sister is named the executrix of the estate. My brother is living in the house as he came back to live with my parents 14 years ago when he was at his lowest point in his life. But the problem now is that we want to get on with things but since he is living there he seems to be taking over the whole house with all of his "stuff" everywhere. We keep talking about cleaning up his things and put whatever he wants in storage but he doesn't seem to want to. He is acting like he is so entitled to everything there. He just started to pay the bills there since Sept and all the time my parents were alive he didn't contribute at all. What are our options if my sister (the executrix) doesn't follow through with things and what can we do about getting my brother to move his things out so we can get on with the sale of the house? We don't want to kick him out but that looks like we might have to. My sister says she will quit as the executrix if

Answer 1

I am the executrix for my mom's estate. She discussed things with me and I am to follow through with her plans. She figured my brothers wouldn't handle the responsibility well. I do know that someone else is named as a backup (a friend of hers) in case I need help, go against wishes or am incapacitated for some reason. Does your sister have a back up? I would contact the family attorney to see what can be done. If your father's wish was to sell his home and you three split the money, then shame on your sister for not following your father's wishes.

Answer 2

Your brother is also entitled to his share of the estate the executrix job is to make sure any bills that haven't been paid are paid and also that everything is divided equally among the surviving children, the house must be sold and she has to make sure the mortgage is paid.The executrix also gets a small percentage for her job everything should be in probate if problems arrive and people have to get lawyers their fees will eat up the entire estate causeing the heirs to recieve nothing because of all the fees.

Answer 3

Executrix Duties

Answer 4

You should sit down with him and tell him that you must sell the house and he must vacate. Give him some time to do so, say, 60 days. Put it in writing. Then, if he does not, you'll have to evict him. Only your sister as the executrix can do that. I suggest you see an attorney.

Answer 5

Please, because of the length of time that has gone by, contact an attorney on how to handle the situation with your brother. Unless the will specifically states that he is the one to get the house, he needs to get out. The executrix is to follow the instructions/and carry out the instructions of the one(s) who have passed on. An attorney can best advise your sister on how to get your brother out of the house, etc. I'm sorry for your loss. I wish you all the best. Take care.

Answer 6

to take over the bank account, pay any unpaid bills maid Prior to the death, sell the property if they want, more or less they just take over all the Legal stuff.