What is the name of your state (only U.S. law)? Penna.
Background - Our Mother left her townhome, car and personal belongings to the three brothers (X, Y and Z). All monies were held in joint accounts with brother (X) as joint owner. All accounts passed to (X). She passed in Jan. of 2007. Our brother is named as executor (X) with my other brother (Y) is named in case (X) is unable to carry out the duties of. Brother (X) lives in the townhome and does not work (has been living there all his life with LITTLE work experience.. now in his 40's). Probate has been completed and a non-equitable division of personal belongings has been made with brother (Y) getting the shaft due to brother (X's) feelings of how (Y) acted during Moms cancer. Originally a lawyer was retained to help (X) administer the will. We were asked if we wanted (X) to pay rent since he resided in the jointly willed property. At that time there was no need feeling we needed to give him an oppurtunity to execute the will but he was understood to be responsible for utilities and general maintainence. Brother (X) has been very guarded about any details in his execution and, when asked, stated to me (brother Z) the I could see the inheritance tax return as soon as he sanitized it, this has never occured. We have rcently found out that it is public record and have obtained a copy in addition to a copy of the papers filed with the Register of Wills. He has kept the estate accounting from us and initially had it with his personal checking against the advice of the lawyer. I understand we do not have claim to look over his shoulder at every turn but he has made himslef suspect years before all this, so we ask. Additionally (Y and Z) have asked him to start paying rent but there was no response. The vehicle willed to us sat unused and his response was that he had to have his mechanic evaluate it to see if he wanted to buy it. He recently put the vehicle in his name and began using it as his own since his vehicle is in disrepair. When asked why he did not ask or tell us he was doing this he responded to brother (Y) that he is executor and he could do what he wants. Brother (X) released the lawyer last fall stating the lawyer was nickel and diming the estate. Brother (X) has been asked on numerous occasions when the property is going up for sale and his reasons for not putting it on the market are, well....many! At this point brothers (Y and Z) are getting frustrated and on my last visit to PA. we went to a lawyer. This is how we learned we could get copies of the papers filed. His recommendation was to view those documents and proceed with either -
A - let it go and see where things go -
B - Relinquish our claim to the estate (We do have SOME compassion for (X's) plight)
C - File a Quitclaim Deed and remove (X) of his executorship. (Although I just researched this and do not see how my giving up claim to the property will help me??
Is there a 'D' or other alternative??
Thanks in advance!!!
Background - Our Mother left her townhome, car and personal belongings to the three brothers (X, Y and Z). All monies were held in joint accounts with brother (X) as joint owner. All accounts passed to (X). She passed in Jan. of 2007. Our brother is named as executor (X) with my other brother (Y) is named in case (X) is unable to carry out the duties of. Brother (X) lives in the townhome and does not work (has been living there all his life with LITTLE work experience.. now in his 40's). Probate has been completed and a non-equitable division of personal belongings has been made with brother (Y) getting the shaft due to brother (X's) feelings of how (Y) acted during Moms cancer. Originally a lawyer was retained to help (X) administer the will. We were asked if we wanted (X) to pay rent since he resided in the jointly willed property. At that time there was no need feeling we needed to give him an oppurtunity to execute the will but he was understood to be responsible for utilities and general maintainence. Brother (X) has been very guarded about any details in his execution and, when asked, stated to me (brother Z) the I could see the inheritance tax return as soon as he sanitized it, this has never occured. We have rcently found out that it is public record and have obtained a copy in addition to a copy of the papers filed with the Register of Wills. He has kept the estate accounting from us and initially had it with his personal checking against the advice of the lawyer. I understand we do not have claim to look over his shoulder at every turn but he has made himslef suspect years before all this, so we ask. Additionally (Y and Z) have asked him to start paying rent but there was no response. The vehicle willed to us sat unused and his response was that he had to have his mechanic evaluate it to see if he wanted to buy it. He recently put the vehicle in his name and began using it as his own since his vehicle is in disrepair. When asked why he did not ask or tell us he was doing this he responded to brother (Y) that he is executor and he could do what he wants. Brother (X) released the lawyer last fall stating the lawyer was nickel and diming the estate. Brother (X) has been asked on numerous occasions when the property is going up for sale and his reasons for not putting it on the market are, well....many! At this point brothers (Y and Z) are getting frustrated and on my last visit to PA. we went to a lawyer. This is how we learned we could get copies of the papers filed. His recommendation was to view those documents and proceed with either -
A - let it go and see where things go -
B - Relinquish our claim to the estate (We do have SOME compassion for (X's) plight)
C - File a Quitclaim Deed and remove (X) of his executorship. (Although I just researched this and do not see how my giving up claim to the property will help me??
Is there a 'D' or other alternative??
Thanks in advance!!!