He says he can regardless if I sign the papers or not. He has made a few home improvements, remodling and painting. I have built a woodworking shop hoping to make a small business out of it, he claims the shop is all mine and refuses to invest a dime into it saying its all mine and it was built to help me compensate my Social Security in the future. I built it with the understanding that we were not going to sell the property and keep it in the family. He didnt tell me about selling the property until after I had it built.
2007-05-18 07:09:08 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No. Your brother cannot sell the property. If you have a Probate lawyer, make sure you inform that person you do not want to sell. The Executor (either appointed by a Will or agreed upon by the heirs), must answer to the Probate court before he can attempt to sell or make improvements to the property. I can't answer your concern about the woodworking shop, as I am not clear on how it relates to the property in question.
2007-05-18 07:19:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You say, Your property, I am assuming it was your parents house, and as such, your brother can only "execute" the terms of their will. If it is that you both have a share in the house, and he is the sole executor, then unfortunately, you are on a sticky wicket. He has however to give you your share. Usually Parents are advised to put a clause in the will, to the effect that the family home cannot be sold until dependants living there have moved. I would check and as the previous answer you got, consult a solicitor with these details to hand. If however you are a joint executor, then he does need your approval and signature in order to sell.
2007-05-18 07:26:11 · answer #2 · answered by Adrian G 5 · 0⤊ 0⤋
I think to satisfy debt of the estate he can sell it but only for property taxes, if it's a house. Was it left in part to you by inheritance? You never said....
2007-05-18 07:18:34 · answer #3 · answered by Tim O 5 · 0⤊ 0⤋
Perhaps.
Hire an attorney licensed to practice law in your state, and look for one with experience in the area of probate law.
You would be unwise to sign anything prior to consulting with your attorney.
I hope this helps, good luck to you.
2007-05-21 06:28:31 · answer #4 · answered by Smith & Raver LLP, Minneapolis 3 · 0⤊ 0⤋
He can sell it if the sale would satisfy a debt of the estate. I suggest you get an attorney.
2007-05-18 07:14:00 · answer #5 · answered by cyanne2ak 7 · 0⤊ 0⤋
Your brother has to make sure all debts are settled then what ever is left is to be divided.
2007-05-18 07:18:11 · answer #6 · answered by Mary O 6 · 0⤊ 0⤋