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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2719
Experience:  Helping you with your legal questions.
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I am a beneficiary with 3 other siblings and our oldest

Customer Question

I am a beneficiary with 3 other siblings and our oldest brother is the trustee of the estate. What was willed to us are 2 small homes and a parcel of land. Our oldest brother, the trustee, refuses to sell the land and 2 houses. He also lives in one of the houses, does not pay rent and the taxes are not being paid. Can we either force him to sell the properties or get him removed as trustee or sell the properties with out his consent? He ignores us, lies to us or goes into a melt down when we ask questions about selling the houses. None of us are wealty so it is difficult to say the least. I am physically sick over what he is doing.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

Yes. You can force him. You would have to file a complaint or make a motion in court to do so. Generally, the action is a partition and sale action, whereby you request from the court to order the sale of the property. This would be if there were joint owners of the property. Additionally, if your brother is the executor of the estate and not distributing the assets, then this would be a breach of duty whereby you can ask the court to remove him and also order the sale. Depending on the procedural history of the case, the next steps could involve one or both of these actions. A telephone conversation or a meeting with an attorney would be clarify what directions to go.

Customer: replied 1 year ago.
he was the executioner and is now the trustee. How much in costs do you estimate it will cost?mor is it something I can do myself?
Expert:  Damien Bosco replied 1 year ago.

It would be difficult to do yourself because it involves motion practice and service of papers as well as possibly a brief. However, you can always check with the court clerk to explain the situation and they may have papers that you can complete. Depending on the rates in your local area, most likely it could cost about $5,000 or more as the case continues in local attorneys fees to bring an action in court. However, an attorney may be able to negotiate something prior to bringing an action if your oldest brother realizes its better to settle this.