Estate execution - w're still asking and waiting

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!!!

I don’t think there is another alternative.. you have basically listed the 3… do nothing and let things continue to go out of control, back out, take control.

Do you have any idea of the value of the estate? If you relinquish your claim, how much are you giving up? Obviously the less the value of the estate, the less you are giving up.

As for having compassion for X’s plight… he is in this position because he has never had to fend for himself. Selling the townhouse and making him have to get a job might be the best thing you two other brothers could ever do for him.

If you take control, than you can ask X for a full accounting of what he’s paid the attorney. My bet is that he has been paying it out the account that was jointly owned by your mom and him. Much if not all of it should be paid out of the estate.

He is wrong that as the executor he can do anything he chooses. Since he took her car, the value of the car could be deducted from his portion of the townhouse. Or he could get the car in exchange for legal fees he’s already paid.

I don’t think there is another alternative.. you have basically listed the 3… do nothing and let things continue to go out of control, back out, take control.

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Thats just it...I do not see how I or we can take control here. By filing a quitclaim deed, as the lawyer explained, another (probably lawyer) would take control of the estate and proceed in selling and distributing as the will states. It is just un-nerving to see what a quitclaim deed is and would that relinquish my (our) right under the will.

Do you have any idea of the value of the estate? If you relinquish your claim, how much are you giving up? Obviously the less the value of the estate, the less you are giving up.

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The county says about $88000.00 for tax purposes. But I know realestate goes, on average, for more...even in this market. Others in that same area went for 110 to 120. But his living there and general inability to maintain the property has sunk its apperance deeper and deeper. He says he will not pay to fix it up or even paint it. The estate has no money (it was all given to him by dual ownership of all accounts and he is sitting on it...(not my beef, I do not care about the cash)) so ultimately this would come out of the estate after sale and I feel this is what he means...that he does not want to invest even a coat of apperance paint to make it more attractive. I would be glad to whip out my Lowes card, take more of my vacation leave t do the work, and put into the property but there is no firm date or timeframe for selling and I am not going to pay to put him up in better quarters while he makes up his mind. Additionally the insurance company (he says) will not renew at the end of July since the property is in an estate and not in someones name. he wants to put in in his name...or in all of our names so we can get insurance. I did extend my own homeowners to include injury protection for this residence as I felt it cheap insurance in the event someone got hurt there, but I cannot get a full policy either...or as one insurance co. put it....as long as the home was GOING to be transferred for our names they would PROBABLY write a policy.

As for having compassion for X’s plight… he is in this position because he has never had to fend for himself. Selling the townhouse and making him have to get a job might be the best thing you two other brothers could ever do for him.

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This is a topic of endless discussion in my home!!

If you take control, than you can ask X for a full accounting of what he’s paid the attorney. My bet is that he has been paying it out the account that was jointly owned by your mom and him. Much if not all of it should be paid out of the estate.

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So how do I go about 'taking control?' My understanding is that all this (including her funeral expenses, etc.) would come back to him when the home sold. Right off the top before any distribution...ends up being the same thing but muddied with him using that account and his preceved costs,etc. This is where I think my other brother and I have a chance for fairness.....as in NOT sign any "family agreement", have our lawyer file for a full audit and let the cards fall where they may. But by the time this occurs there might be TOO much time elasped and chaos in sifting through it all.

He is wrong that as the executor he can do anything he chooses. Since he took her car, the value of the car could be deducted from his portion of the townhouse. Or he could get the car in exchange for legal fees he’s already paid.

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I see this as one of those things that would ultimately come out in the audit. Additionally, I see the possibilility of securing back-rent/rent for the time he has lived in the home. He has been asked to pay rent but that request has fallen on deaf ears.