Vague Will

[Ruffcut2u]

What is the name of your state? AR

I had an uncle pass away and he left my sister and I his entire estate. the will states and I qoute "I now hereby give and beqeath the whole of my estate as follows 1/2 (50%) to my sister and 1/2 (50%) to me." and that was it the Will did not get into any detail now the the problem is he had a house an land aswell as many pieces of equipment. my sister now wants to sell everything and I do not. and she wants her half now. probate has been on going for 3 months now with nothing being settled. our granmother is the executrix and is with my sister and thinks we should sell. the Will does not say we must sell or that we must keep it. there are no outstanding debts of any sorts. so i guess my questions are as follows, can I be forced to sell the place with out concent? and how much power does the executrix have, can she sell everything without telling us? and how long does one stay executrix of an estate. also my uncle was a truck driver that sold his rig, it is in a contract, is the balance that is still to be paid part of the estate? or as my grandmother states "it is hers because he said see could have that" I just really would like to know what my rights are so that i dont get taken advantge of. and of course now people are coming out of the woodwork saying " o we made a deal and he was going swap me this for that and thats mine and so forth" the problem is well its not in the Will and they dont have it in writing, so are they truly entitled to anything that they say they are? if there are no debts or liens to be paid off how long should probate have to last? is the exeuctrix like a referee or what?

truly a mess

 

[lwpat]

Any money owing to your Uncle at the time of his death goes to the estate. Anyone with a claim, including your Grandmother, needs to be able to prove it. Just saying so isn't proof. Has the will been filed with the court? If you and your sister cannot settle on a divison, then the executor can sell all of the property and divide the money. One of the best ways to settle a situation like this is to take all of the assets and put down what you are willing to pay/sell for each item. Then each of you picks in turn and use any liquid assets to even it out. Your other option is to offer your sister a settlement using the land/equipment to obtain a loan to pay her half.

 

[Legal Terror!]

The executor will obtain an order from the court to sell everything. Then the money will be divided. That's how these things are handled.

IAAL

 

[Dandy Don]

Yes, a sale can be forced. If there is anything you want to keep you need to make an offer on it.