Executors think they're sole heirs!

[Mary Sweeney]

What is the name of your state?NJ
My father died 8 years ago. He left two brothers as executors and a will instructing them to sell the house in 7 years. One brother lived there for two years; the other has been there five, and has made no moves to sell the house. In fact, he's painting a room for a nursery. What can we do to get this million dollar house sold and the money disbursed to the other 9 of us?
Ticked in NJ

 

[anteater]

Was the will ever probated?

 

[Dandy Don]

Does the will say what will happen if the home is not sold?

Are you implying that there are heirs/beneficiaries who will benefit from the sale of the home?

One of the executors and the beneficiaries need to get legal representation to force the sale of the home and notify the occupying executor that he will have to move.

DANDY DON IN OKLAHOMA ([email protected])

 

[Mary Sweeney]

I only saw the will once, the day they picked it up from the lawyer who wrote it, but it was very clear that the house could be used by whoever needed it in the family for a period of 7 years (We have one disabled brother, and knowing my father, he was inferring that this brother would still be in the house at the time of Dad's death. It didn't work out this way, as the brother married in the interim.)
As far as I remember, there was no mention made of what would happen if they didn't sell the house in the 7-year-time period, but at this point, I am afraid that I won't outlive the finalization of this will and I am very anxious that my young son will get my portion if I predecease the sale of the house. Given the thinking of these two executors, it is quite possible that they would not give my son my share of the selling price of the house.
I don't have money for a lawyer and they know it. As it happens, the real estate market is peachy right now. (That's the excuse the one brother is using for not moving, but he's been living there rent-free for five years; my heart bleeds for him.)
Would the lawyer who wrote the will give me a copy of it?
Thanks for your help.
Mary Ellen

 

[anteater]

Would the lawyer who wrote the will give me a copy of it?

Was the will ever probated? Were the brothers ever actually appointed as executors by the court?

If the will has been probated, you should be able to obtain a copy at the county courthouse.

 

[seniorjudge]

You don't say who the heirs are that are listed in the will.

Get the will (as a prior poster said) and post back with who the heirs are.