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My Father died in 2011 leaving a will. the will left the…

My Father died in...

My Father died in 2011 leaving a will. the will left the house to me and my sister. My sister was named the executor of the will. She now is trying to sell the house and keep most of the money by claiming that I owe her rent for the last seven years and half of the taxes and insurance that she was required to pay as the house is still in my parents' names( My father left $108,000. in his account when he died). What can I do to protect myself from what she is trying to do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Georgia

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

I have a copy of his will and his account Statements

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Answered in 16 minutes by:
4/27/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,817
Experience: Attorney
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Dear Customer ,

Thank You for posting your estate law question this evening. I'm attorney Bill assisting you with your estate dispute with your sister.

Your sister as the executrix has a duty to administer the will as set out and cannot compel you to pay past due rent as a condition to a title transfer unless this was part of the will deed.

Your sister may be abusing her position as executrix and in this circumstances you can file a petition with the probate court for her removal based upon abuse of her fiduciary duty to administer the will and failure to timely probate the will.

Your sister is going to have to transfer the property into your name despite a demand for any rent under the circumstances.

We are here to help so please follow up with me on this request as required.

I'm an independent legal expert and rely on your positive rating today to get a credit for my time.

You do this by rating 5*****, 4**** or accept.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 3 months ago
She has an attorney who has told her that she can sell the house without my permission and without the permission of probate court.Is that the case?

This would come down to a wording on the will. There is the option not to sell and she would need your consent or that of the probate court if you are refusing to sell. The probate court can order a buy out or sale.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,817
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Bill Attorney and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
The will simply says that the house was left to both of us there is nothing about selling the house.
she wants to sell the house so that she can take out money for rent and for half the taxes and insurance payments made.
should I petition the court to sell the property to stop her from taking money that she is not entitled to?

The petition would be for an injunction on her actions looking for injunctive relief preventing the sale and requesting her removal as executor of the estate for breach of fiduciary duty.

Attorney Bill

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