Upcoming Foreclosures

Can a sibling which is the executor stop the sale of real property not left to him.?

My brother is an executor of my mothers estate. The house was left to me and my 3 siblings. Can he stop us from selling the house. Is he liable for property after it is sold. This is a living trust, which states the home is left to 4 of the 5 children. He was given addtional items in lieu of the home. Is he personally liable? Do you know of a website that will give me this information to distribute to other siblings. Thank you very much.

Public Comments

1. It is not yours until the probate court orders that it is yours. Until then, it is part of the estate and is the responsibility of the executor.
2. The executor has great leeway, he needs to do nothing for a reasonable time, even a year considering it was his mother. yes he controls the house. His job is to see that her wishes are carried out. He may wish to handle the sale himself , If that is what you all want to do. Remember he is liable for the taxes, Realtor fees.distribution of funds etc. Give him time. or see a lawyer.
3. All he is responsible for doing as executor is to execute the will. Since the house was done as a living trust, he does not have to get involved unless for some strange reason he as named executor of that. If that is the case, he should have all the issues worked out by the end of this year. It should automatically goes to those named in the trust documents. Those four can sell the house with or without his permission or help.