Bully Co-heir/Co-executor

[btravisgriffin]

What is the name of your state?
Illinois:

My husband (resides in another state) and brother (Chicago) are both co-heirs/co-executors of their mother's Chicago estate. Upon Mother's death (April 2004), Brother (co-heir/co-exector) moved from Mother's property #1 (no mortgage), to property #2 (luxury condo - with mortgage). During which time, my husband attempted to start probate process as well as, coordinate leasing the condo. Brother protested & stated, "just wait a few months." At that time Brother proceeded to supplement his standard of living by using a $30k account to pay the condo mortgage & hoa (designated as a slush fund for condo for leasing purposes). As months progressed my husband's inquires/concerns were met with Brother's deflection and manipulation. Brother then expressed his own desire to coordinate probate himself. Eventually (14 months later), after $30k account was drain, Husband FINALLY confronted Brother & asked Brother to either buy him out or facilitate access to property #1 (for us to reside). Brother's response included continual manipulation & guilt induction. To add insult to injury Husband was told that it was Brother's "fiduciary" right to behave in such a manner. AND Brother stated his intention to maintain residance @ luxury condo while renting the property #2, in order to supplemnet his lifestyle. My Question: Can this type of behavior be allowed? That is, does Brother have the self-imposed authority to reside in one property #2 while intimidating Husband from being bought out or residing in property #1? What would be recourse if, upon Husband's return to Chicago, his attempt to gain access to property #1 was thwarted via changed locks?!!!!

Any Feedback Is Considered Pure Edification

 

[anteater]

What is the name of your state?
Illinois:

My Question: Can this type of behavior be allowed?

Sure, as long as your Husband permits it to go on.

Tell Husband to get himself a good estate attorney and begin slapping Brother upside the head.

 

[btravisgriffin]

Sure, as long as your Husband permits it to go on.

Tell Husband to get himself a good estate attorney and begin slapping Brother upside the head.

Thanks Anteater. I hear ya loud 'n clear. My husband finally consulted ONE of the many attornies I've pre-interviewed. That attorney's attitude was similar to yours. According to Attorney, "your brother needs a good legal ass whipin'"
Anteater, maybe we'll all be able to live vicariously through this Attorney. LET'S GET READY TO RUMBLLLLLLLLLE!

 

[Dandy Don]

You can't blame brother for trying to take advantage of situation that would be beneficial for him, but it may not necessarily be illegal but it certainly is improper. You have left out a most important detail--did this $30,000 account have a beneficiary named or does it belong to the estate for probate?

Your husband does not need this headache of trying to co-administer an estate when he is inconvenienced by not living in the city where probate is taking place. Husband should seriously consider resigning his co-executorship and let brother handle everything. And husband needs to decide whether he can afford to buy out brother's share of mother's property after probate is over or whether it will need to be sold and then both parties split proceeds.

Your husband should hire his own attorney to attend at least one or more of the probate hearings to represent his own interests and to see if things are being done correctly.

DANDY DON IN OKLAHOMA ([email protected])

 

[btravisgriffin]

You can't blame brother for trying to take advantage of situation that would be beneficial for him, but it may not necessarily be illegal but it certainly is improper. You have left out a most important detail--did this $30,000 account have a beneficiary named or does it belong to the estate for probate?

Your husband does not need this headache of trying to co-administer an estate when he is inconvenienced by not living in the city where probate is taking place. Husband should seriously consider resigning his co-executorship and let brother handle everything. And husband needs to decide whether he can afford to buy out brother's share of mother's property after probate is over or whether it will need to be sold and then both parties split proceeds.

Your husband should hire his own attorney to attend at least one or more of the probate hearings to represent his own interests and to see if things are being done correctly.

DANDY DON IN OKLAHOMA ([email protected])

Thanks Dandy Don, you're certainly Dandy. As this is the weekend, I've been pouring over various paperwork & came across another document (DOCUMENT OF TRUST), which also named Husband and Brother as trustee successors. I'm quite ignorant to this kind of verbage and my research has implied that there may not be a need for probate. However, if Brother has got Husband by the proverbial short hairs, one or both properties may still need to be Partitioned; especially since Brother won't relinquish one property in order to get another. My husband is willing to be more than generous. He's willing to sign over the house that has NO mortgage in order to get the condo. This may be more approriate for the real estate forum. But, if Husband doesn't have the testicler fortitude to do a Partition, can he @ least protect his real estate interest with a HELOC (not HEL) thereby, block'g Brother's potential & enevitable pilfering of the 2 properites' equity.
If this is too creatively stupid I, as usual, encourage ya'll's feedback.

 

[Dandy Don]

Because of the bad feelings/lack of communications between the brothers, it's hard to get this estate resolved. Hubby won't know if he can get the condo until he talks it over with the mortgage company and the executor--is there enough money in the estate to pay off the outstanding balance of the mortgage? If not, then hubby won't have any way to get the condo.