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Co-executors being forced from the estate

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Californiag

Junior Member
What is the name of your state (only U.S. law)? Texas

I live in Texas and my mother died in August of this year and in her will, she named me as the executor of her estate. My 4 siblings and I (5 of us altogether) knew that our mother wanted us to have an equal share in the home or to receive equal amounts from a sale of the home, if my brother and I did not buy it. However, the home also has a reverse mortgage lein on the property that also must be paid back. My brother and I wanted to try and buy the property, pay off the lein, and distribute the remaining balance to our other brother and two other sisters.

All 5 of us were in agreement that if my brother and I could purchase the home, that would be preferred to selling it to someone else. My two other sisters and one other brother do not want the house, as they already have homes of their own and this house has been a home for myself and my brother for the last few years, with our mother. I have lived with her since the house was first build in 2006 and my brother has been here for a couple of years with us. I was her primary care giver up until she died. We have a 6month grace period with the reverse mortgage company in which time my brother and I were trying to obtain the funds necessary to pay everyone off (siblings included). My brother and I are still living in the house and the grace period is up Feb 26, 2010.

However, in the meantime, my mother's attorney wrote to tell us that our mother's will could be probated as it was because she signed it as "testator" but she failed to sign the self proving affidavit. Without the self proving affidavit he would have to bring her witnesses to court to prove up her signature and that he would rather avoid that. He said a "small estates affidavit" would accomplish everything without anyone going to court. So, we all signed and are awaiting the courts signature.

In the meantime, one of my sisters has been activitely recruiting buyers for the house, even though she agreed to allow my brother and I to purchase the house, because she needs the money right now. Any agreement for my brother and I to purchase the house has gone out the window as she has convinced my other sister and brother that they should go with the buyer she has right now, so as to get their money also. My brother and I do not agree and do not want to sale the house.

As it turns out, this "small estate affidavit" did away with my role as executor of the estate and made all 5 of us co-executors of the estate, each with an equal share of ownership in the property, and the other 3 want to sell to the highest bidder, right now! In effect, putting us out of the house. The small estate affidavit is suppose to be finalized by the end of this month and things have really gotten ugly!

The 3 siblings that have bonded together have threatened to file a junction against me and my brother if we don't cooperate with the sale of the property to this person who wants to buy the house right now. We have been told that all 5 of us, being equal co-executors, would need to sign off on the listing agreement and also be present at the closing to sign off on the sale of the property to this person. The other 3 siblings have told my brother and I that as soon as the small estate affidavit is signed, they plan to proceed with the sale of the house and said that if we did not cooperate, they would take us to court. That is the history...here are my questions:

Can they force us to sale our share of the property?

If we do not sign any documents pertaining to the listing or sale of the property, what kind of junction can they bring against us?

Also, the small estates affidavit was filed without the lein from the reverse mortgage company being listed, as though there were no leins against the property and the drafting attorney was fully aware of the lein.

Can the reverse mortgage company have the document declared null and void because it contained false information, namely stating that there were no leins against the property?

Is there anything we can do to stay in the house? If not, and they go through with their legal proceedings, realistically, how long do we have before we actually have to vacate the property?

I would appreciate any advice you have to give.What is the name of your state (only U.S. law)?
 


BillieB

Junior Member
With Court actions your siblings can throw you and your brother out, force the sale of the house (partition lawsuit) and in addition make you guys pay back any moneys you may have received from the reverse mortgage company all these months. And, if you force them to go to court, they can even recover court costs and attorney costs from your equal portions of the sale.

Quit while you're still ahead.
 

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