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doing what is right

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R

rainnyday

Guest
What is the name of your state? illinois
Our mother passed away 2-1/2 years ago. My brother was made executive of her affairs. Until recently we both let most everything remain except for the money in her trust which was dispersed equally by her brother. I paid off her loans and some other small bills. My brother paid off her medical expences. Prior to my mothers death, I was currently living in the home with my children and mother for 10 years. I have purchased most of the items in the home over those 10 years exept for the few items she had for herself. Now my brother wants to do what is right by adhering to the will. I agree this needs to be done appropriately, but I am also afraid that the items that I have purchased, most of the furniture, accessories, and appliances will be forfeited not to mention the repairs I have made to the house. Also I have been the sole person who has paid the past 3 years of real estate taxes, insurances and utilities (which all are in my name) I am mostly worried about the living situation with my children and the affect this will have on them. Until recently my brother lived out of state but has recently moved in with us. This was an agreed on arrangement. My brother and I have a good relationship but I have a lot of my own money and time invested in the house, yet legally he has equal rights to the home as well. Can I demand that he not change our living arrangements? Do I have a right to tell him that he cannot just start doing things with out my consent such as change the house insurance or do I have to give all this up. We just seem to argue and not get anywhere. Also, I cannot afford to buy him out or move. What should I do?
 


lwpat

Senior Member
"Our mother passed away 2-1/2 years ago. My brother was made executive of her affairs."

Was he appointed executor by the probate court? If so 2-1/2 years is a long time for the court allow the estate to remain open.

The furniture etc. that you purchased are yours, your brother can not just claim them except to say they originally belonged to your mother. Hopefully it will not come to that.

You have a claim against the estate for any loans and bills that you have paid including the taxes and insurance. The estate also has a claim against you for rent.

The will needs to be probated and the real estate transferred. Once this is done you can discuss the living arrangements or the house can be sold.
 

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