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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42337
Experience:  Texas lawyer for 30 years in Estate law
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Does the executor have the right to keep the house as a second

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Does the executor have the right to keep the house as a second home, a getaway home, since he doesn't live here, he lives 100 miles away. Which then me as beneficiary, has no say so, or does he have to give me half of what the value of the house is now!!!! Or can he live their until he decides to sell the house. With just putting me on hold for however long he decides to live their. Well, he wouldn't be living their because he has a job, and has a house 100 miles away in another town. Do I confront him on this or do I not have the right to say anything...since he is the executor.
Hi and welcome to JA. I am Ray and will be the expert assisting you today.

An executor of an estate is required to distribute the assets of the estate in accordance to the Last Will and Testament of the decedent. This means if a Will states that real property shall be divided among two beneficiaries the executor of the estate must either sell the property and divide the profit, title the house in the name of the two beneficiaries or pay the other beneficiary 1/2 of the value of the property. The executor is violating his fiduciary duty to you and engaging here in self dealing.

The probate court should oversee administration of the estate. To the extent the executor is not acting in good faith with the distribution of the assets, a beneficiary could petition the court order seeking his removal as executor. Beneficiary have the right to also petition the probate court in the event the assets are not being distributed as the Will states.You can if you cannot afford a lawyer here write the probate judge and explain the problems and situation and ask for a hearing about removing the executor.

You have a right to the interest in the house as provided by the terms of the Will. To protect your rights it will likely be necessary for you to obtain a local lawyer to protect your rights as an heir or to write the judge setting out the situation and asking for removal of the executor.

I appreciate the chance to help you today.Please let me know if you havemore follow up.Thanks again.
RayAnswers and 5 other Estate Law Specialists are ready to help you

You can locate a probate lawyer here to protect your rights as an heir in all of this.

You have a right here to seek to remove the executor for his actions and inactions as well.You can seek a full accounting and to force liquidation and distribution here of the estate assets through the court.

Thanks again for the chance to help today.