rights of beneficiaries

[jiffe]

I live in Ohio. My mother passed in June 01, and my brother is executor. He filed properly with probate, but 2 of 4 of siblings are at ends wit. He had an appraisal done 1 month after our mother's death, (appraisal from relative of an in-law). The appraisal was fairly low for the market value. My one sibling's son is sort of interested in buying the home. My brother (executor) is doing repairs on the home, and me and one sibling can not understand why he isn't putting the home on the market as he says he doesn't want the house "hanging over his head". He is very hard headed to talk to and is doing all this "his way". Do we (me and other sister) have any rights to push the sale of the house quicker without him doing any more repairs? The estate is still in probate. With the nephew interested in the home, they (nephew's mother and my brother) they are tryin to give him a "deal" on the price, but in same, me and my other sister have no say in the matter. My brother will not listen, or accept suggestions. We feel he is going over and above what the executor is supposed to do. We know the house would sell, because of it being in a "hot" area of the city, with or without repairs. sorry this is so long.

 

[advisor10]

12-26-2001

DEAR JIFFE:

The appraisal done by the relative of an in-law may be somewhat biased, but for purposes of honesty, someone needs to have a second appraisal done just for purposes of comparison and to establish a fair value.

You haven't mentioned if the house was owned free and clear at the time of your mother's death (or is it still owned by the mortgage company), and whether the will mentions if the house will go to a specific beneficiary or whether it will be divided amongst the heirs (if sold) or whether someone will be allowed to continue living there without it being sold.

If you and your sister are valid heirs of the home, then you can force the sale if that is what you want to do.

 

[jiffe]

The house is free and clear of mortgage. The beneficiaries are us 4 children according to the will. It doesnt state in the will that someone could live in the house with the 4 children being heirs.
It state divided equally among us 4. I have a feeling my brother (executor) will fight having the second appraisal.

 

[advisor10]

12-26-2001

I was suggesting that you or whoever was interested should pay for the appraisal yourselves. Would you really need his permission for this? You need to challenge the first appraisal someway to show the court that he can't get the house for below-market value.

 

[jiffe]

If thats what I have to do, I will get the second appraisal. In the mean time , I have arranged to have a real estate company come over and give a selling appraisal. Thank you for your help.

 

[jiejie6]

California

I have a similar situation. Grandmother passed away July 1999 and devided her house (owned free and clear) to a group of people. The will only mention the names and percentage, nothing else. I receive 10%.

One uncle is living in the hourse and another uncle is the executor. Now the executor wanted to sell the house to the uncle who lives in the house for the price below market value(20% ~ 30%). His reason is that's the price the buyer can afford and he doesn't want the house going to other's hand. I tried to talk to him to be fair to others, but he is very hard to talk to.

With only 10% if no one else is willing to join me, can I force the sale? If yes, what's the procedure? If not, what are my options to get my fair share? Thanks..