My sister has not sold the house in three years and me and my other sibling want to move in there and my eldest sister is trying to say "no" what can we do?
Estate Planning Attorney
The executor has control of the proerty in the estate but the beneficiary has the right to be treated fairly.
I would hire an attorney to represent your interest-maybe the two of you could buy her interest of the home and live their as owners.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Divorce / Separation Lawyer
If talking with your sister is not working, hire a probate attorney to review your situation and advise you regarding your next step.
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General Practice Lawyer
At this point, it seems that involving a probate attorney is the right thing to do.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
You definitely need a probate attorney. I handle such matters and offer free consultations. My web site is listed below.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
Divorce / Separation Lawyer
I agree with my fellow attorneys. If the house was not "given" to your sister as an inheritance, than she likely does not have the right to live their and exclude you. You probably will need a attorney to get her to sell the house or otherwise let you into the house. Hope this helps.
You can reach Dave Rich at (303) 886-2516 or email@example.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
Contracts / Agreements Lawyer
Your sister, as the Personal Representative of your mother's estate, has a fiduciary duty to the beneficiaries of the estate, and that would appear to be you and your siblings. She does, as PR, have the authority to make decisions regarding the property, and much is left to her discretion. So, it all depends...which is a lawyer's favorite answer to any question. Is she using the house? Is the house being maintained and on the market? Are reasonable efforts being made to sell the house? Is she reporting to you about the handling of the estate? An estate that has been opeon for 3 years is unusual, unless there are very difficult matters involved. I recommend you seek counsel if you can't have a reasonable discussion with your sister. Good luck!
This general response is not intended to be legal advice because I don't have all the facts. The particular facts in each instance will change the recommendation significantly. Any statements made in your posting on Avvo are not protected by the attorney-client privilege because they are shared with third parties. I require a written contract for legal services, so an attorney-client relationship may not be presumed merely by my response to an Avvo posting.