• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

2 executors with different ideas

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? Florida. My brother and I were named co-executors of my mothers will. We are both in our 40's. I moved away from home at the age of 18 or 19, however my brother has never moved out of the home along with my mother. My mother passed away March of '03 and my brother has continued to reside in the home. The home has been willed to us - share and share alike, 50/50. I wanted to rent out the home until it was out of probate and titled into both of our names at which time we could put it on the market for sale. I asked him to clean up his belongings and he pretty much just refused. He has not offered any type of offering to me what so ever, however he has made it very clear I need to pay 1/2 of the taxes due very soon and 1/2 of any remodling before the home is to be sold. I was also notified that the a/c warranty was due - my share is approx. $150.00. Home owners insurance has also lapsed and needs to be purchased before a hurricane picks it up and flings it into the next neighborhood. Many expenses seem to be coming out of my pocket for his benefit. He is also a slob. The home is a disaster, inside and out. He has taken over all of the bedrooms (3) and the rest of the house looks like a tornado breezed through. The yard is a disaster as well because he is too lazy to keep up daily maintenance. The home is paid for so all he owes are utilities and necessities, and he does not work, he has not worked for several years because he has no need to. He was supposed to be taking care of my mother's financial needs such as paying her bills when she was being hospitalized or sickly at home, however, after her death I did get the chance to rummage through the house and found out that her insurance policy had lapsed due to nonpayment of premiums and I found the unopenened notices from the insurance company that her bills were being rejected. A loss to the inheritance of us both by over $15,000.00. I investigated and found it was aan error on behalf of the insurance and the money was paid to the hospitals and doctors giving us back the money paid to them out of her estate. I was told that I cannot evict him because he has been keeping residence in the home, so right now he is getting a great deal and I get nothing for my share of the home except for the bills. If he decides never to move, what could I do, can I charge him rent? If he doesn't have any incentive to leave what kind of a problem am I really into. Please help.

Dandy Don

Senior Member
You should be talking to a landlord/tenant/eviction attorney to find out the best way to handle this. If you give proper notice and inform him that the sale is going to take place when he moves out, then hopefully he will understand that the home has a better chance of selling if it is not occupied.


Also, go into probate court where the will is being probated and inform the judge of these problems.

One or both of you should resign as executor; maybe it's time for a third party to do this.

Co-executors are always a bad idea.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential