My father died in Oct. 2017. My younger brother is the administrator of the estate. My dad's will stated equal & fair share & share alike. My brother refuses to discuss any thing about the estate. Our dad's house was put up for sale & a buyer wants the house, however my brother is refusing to do what is needed to sell. He has refused to sit down and talk to my sister & I about what needs to be done with the estate or even what is in the estate. The will has been admitted to the court. When I talked to the attorney he stated that the house must be sold and an auction held for the personal contents before the estate can be closed. He also stated he had the final document and just needed the judge to sign and close the estate.
Something is not right. For example, 60 days after your brother was appointed personal representative he had to file an inventory of the estate. The house does not have to be sold, unless there are insufficient funds to pay debts or the will required it. Hire a lawyer skilled in probate.
Ask your attorney to file a motion with the Court to remove the administrator of the estate and to appoint a new administrator. This Motion can advise the court that the administrator (often now referred to as the Personal Representative) has failed or refused to complete the sale of the real estate. It is apparent that you and your siblings are doing the right thing by selling the property during the probate as co-ownership with a brother who is behaving in this manner will not allow you to experience an acceptable resolution.
This is not a matter that you can reasonably expect to handle without an attorney.
The attorney that you have been talking to represents your brother since he is the administrator. It sounds like you need to hire your own attorney to file for a new administrator to be appointed.
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