Executor Limits

[Uneasy One]

I live in New Jersey. My mother named my sister as the executor of the estate. All assets of the estate were to be equally divided amoung the 5 children. I have reason to believe my sister is trying to delay the sale of my mom's house since she has lived there since my mom's death. She is making demands of the buyer and not informing the rest of the family what she is doing. She lives in the house rent free and the estate is paying for the expense of the house.She also demands that anything to do with the house be taken care of by other members of the family. Can she do this? If we finally close on this house can the other members request their share of the sale at the time of closing?

 

[advisor10]

MAY 8, 2001

DEAR UNEASY:

What month and year did your mother die?

Is the estate still open (being probated through the probate court) or has it officially been closed?

If no other assets from the estate have been distributed to the heirs, then the estate is still considered open.

Since the house is an estate asset, any expenses relating to the house are supposed to be paid for by the estate by submitting the bill to the estate executor. However, to keep peach in the family, if there is not enough money in the estate to cover these expenses, then it would be wise for the heirs to agree to split the cost of these expenses (if the expenses are kept to a reasonable limit) by paying them in advance or agreeing to pay them after the heirs have received their share of inheritance checks.

After the house is finally sold, the other members can request their share of the sale. When the executor has received the check for the sale of the house, she is supposed to have other separate checks issued and distributed to each heir, and a record/copy of that information should be included in the probate file at the county courthouse and then the file can be closed.

SINCERELY,

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