Can we hold the executor of the estate liable for not listing our deceased parents condo for sale in a timely manner?

Asked almost 2 years ago - Syracuse, NY

Our father passed in Dec. of 2011 his will said to distribute the estate equally to the four siblings. We signed a waiver of accounting because the executor said it would speed things up. Now 6 mo. after the court approved the will and she took over she has still not listed a condo for sale. When pressed as to why she has not listed it, she emailed that originally she and the other sister wanted to keep it and rent it. They live where it is located in Atlanta Georgia. My brother and I said that we want to sell it fast as it continues to lose value. It also eats 700.00 a month in costs. In an email she said emotional attachment is why she can't list it. We suspect the sisters are letting their grown children use it. Will we lose money if we hire a lawyer or will the executor have to pay.

Attorney answers (4)

  1. Richard Albert Luthmann

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . You signed the waiver, so you have given away substantial leverage to the executor. Consider demanding the immediate liquidation (sale) of the condo and inform the executor that failure to do so will facilitate the hiring of a probate litigation attorney who will petition the court for the executor's removal and the court-orderd sale of the condo.

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  2. Theodore W. Robinson

    Contributor Level 20

    2

    Lawyers agree

    Answered . You likely have a good chance of forcing the immediate sale of the condo. The Executrix may be held responsible for any undue delay in listing it. However, it will cost you to hire an attorney to accomplish most of this in a timely fashion. I would do it nonetheless, because the estate's money is being burned up as it is each month and you want to get some immediate action. Also, if the Court finds she is liable, you may be able to get your attorneys fees paid by her too, but that is ultimately up to the Court.

    Good luck.

    You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form... more
  3. Paul A. Smolinski

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . It is unclear as to what state the estate was opened in. Georgia? Depending on the state you may be able to ask the court to supervise the estate and order that the condo be placed on the market. Will this cost you money to hire an attorney - yes. Will the executor have to pay, personally - maybe but don't count on it.

    It may be less expensive to send a letter to the attorney for the estate and see how he/she responds.

    Good Luck!

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more
  4. James P. Frederick

    Contributor Level 20

    Answered . Yes, it will likely cost you money to hire an attorney and it is unlikely the court will make the executor pay this expense. The flip side, however, is that you are already paying money on this and getting no results. You also admittedly have trouble dealing with her. A lawyer is not going to have these same problems. It really sounds like she needs to be removed as executor so this can be taken care of. I would consult with a probate litigation attorney to determine how best to proceed.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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