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Executor about to sell home has not diclosed this to family

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Locomotion

Junior Member
What is the name of your state? New Jersey

The estate is from California.

I posted earlier in regards the the issues I was having with my father's estate and now having bigger issues:(

My brother (executor of trust) has apparently sold my father's home and I found out today that it will close escrow next week.....( I called the real estate agent).. My brother when asked directly if the house was sold said NO!!!! I told him I spoke to the agent and he continues to deny it. I also called several other agents that had the house listed and had the same answer. He apparently isn't going to tell me the truth..so I ask What can I do now legally? Can I contact someone and stop the closing ???

Thank you in advance for any insight.
 


tranquility

Senior Member
Not really. Even if you could, unless there was a breach of fiduciary duties by the executor, the buyer could have the estate pay for any of his damages.
 

Locomotion

Junior Member
Reply

Thank you for your reply. I see by your answer that attempting to stop the closing isn't prudent. Now, since he has chosen to hide the fact that the house was sold, What can I do to make sure he doesn't use the proceeds from the sale? The proceeds were to be put into the trust and disbursed to the other 5 beneficiaries. There is also no probate court involved in this matter.
 

Zigner

Senior Member, Non-Attorney
Thank you for your reply. I see by your answer that attempting to stop the closing isn't prudent. Now, since he has chosen to hide the fact that the house was sold, What can I do to make sure he doesn't use the proceeds from the sale? The proceeds were to be put into the trust and disbursed to the other 5 beneficiaries. There is also no probate court involved in this matter.
The house has NOT been sold yet.
 

tranquility

Senior Member
You ask for an accounting. If he does not reasonably provide one of if you have reason to believe it is false, you begin litigation to remove him as trustee for breaching his fiduciary duties.
 

Dandy Don

Senior Member
Is the father deceased? Have you looked at the trust to determine if trustee was instructed to sell the home? Why are you wanting the sale stopped?
 

Locomotion

Junior Member
Is the father deceased? Have you looked at the trust to determine if trustee was instructed to sell the home? Why are you wanting the sale stopped?
Yes,my father is deceased. In the will the home was to become part of the trust.

The reason I would like to stop the closing is because my brother is claiming the house has not been sold when in fact it has!!!

He didn't make us all aware of the fact that he a bid on the house and began the process of selling it. He told us that the deal fell through when it hadn't. He must have a hidden agenda . I know that the house is in the trusts name, so the question is what can we do to keep track of this sale and closing when the executor won't admit there even is one!!!
 

Zigner

Senior Member, Non-Attorney
The reason I would like to stop the closing is because my brother is claiming the house has not been sold when in fact it has!!!
The house has NOT sold - why can't you understand that. I agree that your brother is playing word games (he KNEW what you meant), but the reality of it is that the house has not actually sold until it closes.
 

Locomotion

Junior Member
The house has NOT sold - why can't you understand that. I agree that your brother is playing word games (he KNEW what you meant), but the reality of it is that the house has not actually sold until it closes.

I see your point so I will rephrase

When and if the house goes to closing next week and it is sold, and my brother does not put the proceeds into the trust , what can I do then??
 
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Dandy Don

Senior Member
You may be overreacting a little bit. He is in the process of managing the affairs of the trust and that could take a few months. If you are a beneficiary, all you have to do is wait for him to provide an accounting and a distribution check. After you have reviewed the accounting you can determine whether the proceeds from the home sale were put in there or not. If he hasn't put them in, then you can consult with an attorney to determine if you and/or the other beneficiaries wish to proceed with a lawsuit.
 

Locomotion

Junior Member
You may be overreacting a little bit. He is in the process of managing the affairs of the trust and that could take a few months. If you are a beneficiary, all you have to do is wait for him to provide an accounting and a distribution check. After you have reviewed the accounting you can determine whether the proceeds from the home sale were put in there or not. If he hasn't put them in, then you can consult with an attorney to determine if you and/or the other beneficiaries wish to proceed with a lawsuit.
Thank you Don for your reply, I think I should elaborate a bit so you can understand my concerns,

My brother had my father change his will 3 months prior to his death( he was left out of his prior will)

It has also come to light recently that my brother may have a serious gambling addiction.

So if the money were to "disappear" we may be able to bring charges against him but, the actual money may be gone. That's why I asked if I could follow the closing when and if it happens..

Thank you all for your time and effort
 

Dandy Don

Senior Member
Did the will or trust specifically exempt an executor's bond or trustee's bond being posted? Consult an attorney to find out if the gambling addiction (does he have any prior legal convictions?) is enough grounds to ask that he be removed as executor and ask if you can also ask the judge to require that an executor's bond be posted.
 

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