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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114127
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My brother and I are co executors of my fathers estate. He

Customer Question

My brother and I are co executors of my fathers estate. He owed my father $400,000 + interest in loans to his business. His home was valued at approx. $378,000 at time of his death. There were some life insurance which we were given 50-50. The house has been signed over to me in lieu of partial repayment. My brother refuses to move forward because he doesn't think he owes the interest but my father had written all stipulations down in a file. I am thinking that my brother should follow these but he sees differently stating that Dad told him that he did not have to repay the interest. Now he has refused to proceed with the remaining business... HELP! trying to keep my family from from being torn apart.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your brother has to follow everything that is written down, regardless of what he thinks, about the loan. He would not be entitled to avoid payment of the loan and if he is refusing to pay it or at least have the payment deducted from his share, you need to file a motion with the probate court and they will order him to pay as required. Court will be the only way you can get him to pay if you want to force him to pay.