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Richard
Richard, Tax Attorney
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Experience:  29 years of experience as a tax, real estate, and business attorney.
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My husband is waiting for his part of his mothers estate.2years

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My husband is waiting for his part of his mothers estate.2years now.
his brother is executor and decides to rent out the house and wait
till he dies, so the monies will go to him.
Can he do this?

Good afternoon. He cannot do this....mother's estate is not his personal piggy bank. If the house isn't going to be sold, the brother needs to distribute it out of the estate into undivided interests to the heirs. Then your husband can force a sale by filing a suit for partition. If the brother refuses to distribute it, your husband should file a petition with the probate court to have your brother removed as executor for breaching his fiduciary duty to mother and your husband.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

Customer: replied 4 years ago.

Then brother will let my husband pay for all legal fees, as he has done in the past

with the monies from mothers bank account, he received $ 6000 less than what he

was entitled to...now my husband has to put up money to start a suit against his

brother..isn't there a simpler and cheaper way for justice?

If brother won't deal with this voluntarily, then your husband must go through the court system. But, he should also ask the court to be awarded all past and future legal fees due to his brother's breach of fiduciary duty.

 

 

Customer: replied 4 years ago.
Thank you, XXXXX XXXXX in MT and brother is in CO. Where to start?
You're welcome. He will need to file the petition in the probate court in which the will was admitted to probate.
Customer: replied 4 years ago.

Thank you so much!

My pleasure. You take care.

 

 

I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

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