Executor - 67 years old

[HJM]

What is the name of your state (only U.S. law)? Missouri

What preparation or responsibility does an Executor have when approaching older years. My half-brother (who I'll call "Bill") and I are 30 years apart in age and our relationship would be more like aquaintences but amicable. When our father passed away over 15 years ago, "Bill" was left as Executor, our late father's Will listed a farm and personal property to be divided equally amongst his (5) children (includes me and my younger brother from a second marriage). What should I anticipate could happen as "Bill" gets older and may no longer be able to act as Executor? What could this mean for me and my younger brother? What rights (if any) do we have in how the Will/Estate of our late father continues to be carried out? Do we have any legal options as to the farmland we share equally with our other older siblings? We live in different states and don't understand how the farmland/property left by our late father may be of better interst or benefit to us? Any suggestions or ideas would be helpful. Thank you.

 

[anteater]

When our father passed away over 15 years ago...

I would say that you have some digging to do here to find out what the situation is.

The responsibility of an executor is to open a probate estate by submitting the will to the court, gain appointment by the court to act on behalf of the estate, pay legitimate creditors, distribute the remaining assets according to the provisions of the will, and seek the court's approval to close the estate. After that, the executor's responsibilities are done.

An uncomplicated probate estate might take 6 - 12 months to close. Add some complications, maybe one to three years. Only the most complicated and/or contentious estates should take 15 years. That means that your father's estate should be closed by now and "Bill" should no longer have any authority as "Executor."

Start by calling the court in the county in which your father passed away and inquire about the probate case. Request a copy of the case file. (If you can manage to visit the courthouse yourself, even better.) Contact whatever department maintains land records in the county and inquire if it is possible to obtain a copy of the deed to the farmland.

 

[cyjeff]

To me, it sounds like Bill thought that "executor" meant he got to be the boss... forever.

It doesn't work that way... you can sell your part of the farm the moment the will is settled...

Howard Hughes' will didn't take 15 years to settle... I am sure your father's has been completed by now.

 

[HJM]

Thanks for the reply

I didn't think we could sell our share of the farmland due to a stipulation in the will which my older brother "Bill" has referred to after the passing of our father: Any sales transaction of the farm/land it should be made between the siblings at fair market value and not to an outside party. "Bill" and I have not kept in touch for several years and I don't see how I or my younger brother can get around this "stipulation"?