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I have 10 other siblings and we can't agree on anything. I…

I have 10 other...

I have 10 other siblings and we can't agree on anything. I am the executor and their are two siblings that request to discuss and resolve estate issues. What can I do?

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

Texas

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

Not sure what you mean about documents but I have my mothers Will and a letter of testamentary

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

What i don't have is money for hire an attorney.

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Answered in 1 minute by:
5/16/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,062
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

You as the executor have sole decision making authority here.. it is not a democracy where everyone gets a vote... it is a monarchy where you make the decisions. So you don't have to run everything by everyone.. You just settle the estate according to the will and how you feel it should be done.

.

.

thanks

Barrister

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Customer reply replied 3 months ago
the issue is our mother passed away in 2005. I probated the will, paid the bills because she received a settlement of $20,000 right before she passed. we have a cell tower on our property and mineral rights that we have never received because our second oldest brother tricked our mother into signing a document that gifted it to him. now we have a brother that lives on the property with our mentally challenged brother that thinks he owns it.
Customer reply replied 3 months ago
no i can't afford $59

Ok, so if you settled the estate, the the property would have been deeded out of the estate to the heirs... If that is the case and there are now 10 names on the deed, than every owner has the legal right to use the property..

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But if the estate is still open,, then you have the right to sell the property and just divide up the money if you wanted to do so.

.

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thanks

Barrister

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Customer reply replied 3 months ago
please help me. this has been going on for a long time and it needs to come to an end. it is not like we have hundreds of acres. it's only 4.5 acres, a sprint cell tower, and mineral rights.
Customer reply replied 3 months ago
i do understand that you are worth your value. but these 2 brothers always threaten us with their lawyers.

So is the land in all 10 owners names or is it still in the estate?

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Is the estate still open or was it settled back in 2005 and closed?

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Customer reply replied 3 months ago
no the land is still in my mothers name. because the probate lawyer was not assertive and my 2 brother intimidated him. it didn't do half of what i paid him to do. but nevertheless, the bills are paid on the estate, what constitutes the closing of an estate. good question.
Customer reply replied 3 months ago
I went to the county clerks office on Monday this week to check on the deed. I set it where everyone pays there tax portions, but the has not been deeded out, it only shows my mother's name on the deed and no other deed has been executed. I did see whereas my brother in 2011 tried to have me removed as executor and add himself, but we never went to court.
Customer reply replied 3 months ago
There are 11 of us, I make the eleventh person.
Question: In 2011 my brother that lives on the property has tried to have me removed as executor, contested our mother's Will, said she was not coherent when it was executed. The judge never allowed the Will to be heard because he is friends with my brother's attorney. My brother tried to have me removed as executor to add himself .
Customer reply replied 3 months ago
Question is, can I still act as the executor since the Will has not been settled and closed? These two brother contest everything we try to do for the good of the family. The cell tower is an issue now because T-Mobile purchased Sprint, it's a matter of time before our tower becomes worthless, but if we sale it now we could get something out of it, but our 2 brothers think they will get millions if they wait it out.

Ok, then you didn't fully settle the estate.. In order to settle an estate, all debts are paid and then all assets transferred out of the estate.

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So you need to finish settling the estate and either 1. sell the property and divide up the money or 2. have a new deed done from the estate to all 11 heirs and then prepare for a big fight over what everyone wants to do with it..

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I would choose option 1.

.

.

thanks

Barrister

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Customer reply replied 3 months ago
To sale the property do I need to petition the court for partition? We have already had a mediation didn’t work. My concern is my authority as the executor because I don’t want to be sued.

If you are still executor, then you just ask the court to give you permission to sell it... either by absolute auction, or by listing it with a realtor for a while and then going to auction if it doesn't sell fast enough for you..

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Customer reply replied 3 months ago
How can I find out if I’m still the Executor?

You call the local probate court and see if the probate case was ever closed.. If you are executor, you really should know this because you have to actually submit a request to close the estate and be relieved of any further duties as executor..

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Customer reply replied 3 months ago
Ok

How long ago was the case initially filed?

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Customer reply replied 3 months ago
Ok you’re correct. I have not submitted a request to close.

Ok, if you never filed a request to close the estate, and the court never closed it on its own, then it should still be open and in the process somewhere..

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Customer reply replied 3 months ago
It was filed in 2006.

Then the probate court clerks probably dismissed it long ago as that was 12 years ago.. And technically they should have sent you a summons to come to court and explain why you haven't proceeded in a timely manner to administer the estate after being appointed.

.

so you will have to check and find out what the status is and likely file a request to re-open it since it was never settled completely and properly closed. Then you can ask the judge for permission to sell the property, divide up the money, and then close the estate.

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Customer reply replied 3 months ago
You have been so much help. The best out of all of the Attorney’s I have talked to and there has been many. Thank you so much, may I keep your name. If I need you what are your fees?

You are very welcome. Glad I could help.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Customer reply replied 3 months ago
You will get a 10 Star rating. Do you know anything about cell towers?

Thanks much. Only that they are handy to have closeby for good cell reception...

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,062
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
LOL!!! Thank you.
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