What is the name of your state? Oregon
Hello, my father died in the beginning of march without a any kind of will. My brother and myself are his surviving heirs. Fortunatly the only items that had no beneficaries listed were the house (Around 100k) and his bank account (2k). I am wondering if I should allow my brother to be the executor of estate.
A little background.. Shortly after the funeral I arranged to meet with a lawyer with my brother and mother present. During the meeting my brother started arguing with the lawyer and ended up leaving. The lawyer eventually said he would rather not take the case. So I ended up making another appointment with a different lawyer and got everything setup to begin probate. All we needed to begin was an apprasial of the home since there was not a current one. I setup to have the appraiser call my brother to come by the house and look at the home. (I live around 80 miles from home and cannot drive) Basically what happened at this point was that he cancelled two appointments with her and didn't show up for the third. So it never got taken care of. At this point my brother was upset because he thought we were going to try to remove him from my fathers home, which he moved into after he died. My uncle (Father's brother) offered to be a neutral executor for us, I accept and my brother refused.
At this point nearly three months later my brother has finally gotten to the attorney and wants to be the executor of the estate. Obviously he would be entitled to a executor's fee. If he is the executor can he do anything to cause the assets not to be divided 50/50?
Another question, assuming both my brother and myself jointly own the home and are responible for the debt (40k mortage) Lets say that I paid off my half of the mortage.
What happens if...
1) My brother fails to pay off his portion of the mortage?
2) My brother has alot of personal debt (80k) can I lose my value in the home?
3) What if one of us wants to sell the home, but the other does not?
4) How much rent should be charged if he is living in the home?
5) If he is living in the home how should the house insurance/property taxes/incidentals be paid?
Should I get my own lawyer?
Sorry for the long post.. really confused...
Thanks,
Paul
Hello, my father died in the beginning of march without a any kind of will. My brother and myself are his surviving heirs. Fortunatly the only items that had no beneficaries listed were the house (Around 100k) and his bank account (2k). I am wondering if I should allow my brother to be the executor of estate.
A little background.. Shortly after the funeral I arranged to meet with a lawyer with my brother and mother present. During the meeting my brother started arguing with the lawyer and ended up leaving. The lawyer eventually said he would rather not take the case. So I ended up making another appointment with a different lawyer and got everything setup to begin probate. All we needed to begin was an apprasial of the home since there was not a current one. I setup to have the appraiser call my brother to come by the house and look at the home. (I live around 80 miles from home and cannot drive) Basically what happened at this point was that he cancelled two appointments with her and didn't show up for the third. So it never got taken care of. At this point my brother was upset because he thought we were going to try to remove him from my fathers home, which he moved into after he died. My uncle (Father's brother) offered to be a neutral executor for us, I accept and my brother refused.
At this point nearly three months later my brother has finally gotten to the attorney and wants to be the executor of the estate. Obviously he would be entitled to a executor's fee. If he is the executor can he do anything to cause the assets not to be divided 50/50?
Another question, assuming both my brother and myself jointly own the home and are responible for the debt (40k mortage) Lets say that I paid off my half of the mortage.
What happens if...
1) My brother fails to pay off his portion of the mortage?
2) My brother has alot of personal debt (80k) can I lose my value in the home?
3) What if one of us wants to sell the home, but the other does not?
4) How much rent should be charged if he is living in the home?
5) If he is living in the home how should the house insurance/property taxes/incidentals be paid?
Should I get my own lawyer?
Sorry for the long post.. really confused...
Thanks,
Paul