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Can a executor of a will hold up selling a home and land…

Can a executor of...

Can a executor of a will hold up selling a home and land bequeathed to a total of 5 siblings. Taxes, insurance,water electricity has been left on for the past two years and nothing has been done to sell it. We would all have a share in paying these bills wouldn't we?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

I am not sure what you mean. We have papers saying we are 1/5th owners.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

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Answered in 5 minutes by:
3/21/2018
RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 15,212
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good afternoon,

An executor of an estate (what Florida calls a "personal representative") has a fiduciary duty to manage the estate responsibly, and to manage the estate assets in the best interest of beneficiaries. While there are certainly exceptions, most probate estates in Florida can be wrapped up within a year. There should not be a reason why the executor has held onto the home for two years and not even taken steps to sell it. While the beneficiaries are not personally liable for paying taxes, utilities, etc., the estate IS responsible for such debt -and to that extent, the share of each beneficiary is affected the longer this drags out.

The beneficiaries may wish to speak to an estate attorney about bringing a motion to compel the executor to show good cause as to why the home has not been listed for sale. Beneficiaries can also petition the court to have the executor removed and someone else appointed if they believe they are failing to carry out their duties responsibly.

The Florida Bar Association has a lawyer referral service that can help you find a local attorney. The phone number is *****

RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 15,212
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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