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Executor Won't Close An Estate

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rpsgt

Junior Member
What is the name of your state? Minnesota

My sister is the executor of my parents estate, which has myself and two other siblings as beneficiaries. The last thing to handle for the estate is a family cabin that resisdes in a trust. Once the estate is closed the cabin will reside in an LLC where each us become partners and own "shares" equaling to 1/4 of ownership.

The Executor and myself wanted to sell our portion of ownership to the other two siblings. Negotiations broke down on a buyout price and as a result the cabin is going up for sale. However, now the Executor is refusing to close the estate because she said that she was threatened with a lawsuit from one of the other siblings (beneficiaries). The other beneficiaries and I want the estate closed and more say in how and, how much for, the cabin is sold and the remainder of the estate distributed. As beneficiairies, do we have a legal stance to getting this estate closed (when it appears its being held open to protect someone legally) and if so, how would we proceed to make it happen?
 


Dandy Don

Senior Member
The heirs/beneficiaries can force a sale and then distribute the sale proceeds properly. Talk to a probate attorney about how to do it.
 

curb1

Senior Member
This is very easy to solve. Let the cabin go up for sale and the two siblings who want to buy it, should go ahead and buy it at market price. Then the proceeds from the sale are then divided. End of problem.

The prudent thing to do would be to put it up for sale "by owner" to eliminate real estate broker fees.
 

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