Woes from executor

[flowerbug]

What is the name of your state? Ohio

The executor of my father's estate has threatened to sell the property which I inherited to pay the bills of the estate if I do not pay them in one week's time. However, there are a few areas of the will that are not yet satisfied, for example items that are missing from the estate which I inherited. I plan to pay the bills of the estate but do not want to do this before things are settled fearing things will not get settled if things are paid. Is there any way I can keep them from selling the property?

 

[tranquility]

Pay the bills or sue him for a breach of fiduciary duty and motion for a temporary restraining order to prevent him from selling. I have no idea what his breach is as it seems like he is doing things fine from your description, but that would stop him.

Of course, in the later, he would use estate assets to defend himself while you would have to pay an attorney up front. If you don't have a good claim for breach he may sue you for abuse of process.

 

[moburkes]

Yep, sounds about right to me. The estate's bills have to be paid first.

 

[Dandy Don]

Exactly what types of "bills of the estate" are you being asked to pay for? What is the total value of the estate and how much are the bills? It is somewhat improper for you to be asked to pay "estate bills" if there are enough other assets to cover them and the executor is responsible for using estate monies to pay these.

DANDY DON IN OKLAHOMA ([email protected])