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Asker
Posted over 1 year ago.

Yes, its a shame the executrix (PR) couldn't get cooperation. Unfortunately, two heirs refused all communication. When the time came, the PR was not willing to pursue partition because he would have to hire another attorney to do so. That money would come from his pocket.

Charles Ross Smith III
Charles Ross Smith III, Foreclosure Attorney - Sandusky, OH
Posted over 1 year ago.

The PR was wrong to fail to hire an attorney to force the sale of the house inside the estate. She had a duty to maximize returns to the estate. Instead, she took the easy way out. BTW, she should have paId the attorney out of estate funds, not hr own personal funds. I don't know for sure if this is actionable under FLA law, but it seems incredibly wasteful.

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Asker
Posted over 1 year ago.

It is wasteful, but I am not surprised. The PR has been paying all the estate bills and doesn't have enough money for an attorney. There are no "estate funds". There is only a house with a mortgage and a bunch of bills. The house was for sale, but the two uncooperative heirs refused to sell out of spite. Partition would have dragged this out months longer and someone would have had to pay the bills. I don't think the PR (who hasn't gotten paid a cent) should have to bear all costs.