This is an unworkable arrangement. You need to get with an estates attorney immediately as your sister may have breached here breached her duties here. Not sure how the property was transferred without probate. But you should get with an attorney to protect your fair market value interest in the home. Stop getting pushed around here and get counsel to stand up for your rights.
LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is email@example.com , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
Your problem is a common one. I must assume that if the house was transferred to the four of your this quickly that the deed was "Transfer on Death" and that the deed is now in the joint names of the four children. There are other issues, but let's deal with the real estate first.
If it is, in fact, now deeded to the four of you jointly, you have the equivalent of a partnership. Each of you owns 1/4 of the house. The sister who is living in the house must pay an rent to live there, and the rent must be agreeable to the other 3. If she does not, you have the right to go to court and force a sale. To do this, you should speak with a real estate attorney who is wiling to represent you in a lawsuit against your sister.
You also say the "executor says everything is in her control." Both things can't be true. Either the house has been transferred to you or it has not. If it has, the Executor has the same rights as the other 3 to the house, and she does not control it. If the house has not transferred, it is still subject to the orders of the probate court. It sounds to me as though your Executor sister has not retained an attorney to administer the estate, which in a factual situation such as you describe is unwise and unfair to the other inheritors. You need to consult with an attorney before this gets any messier. There are two fine Cincinnati attorneys who are regular participants on Avvo: Paul Nidich and Elliot Stapleton. You should contact one of them to schedule an appointment to review all the paperwork and advise you as to your options.
Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.
Attorney Huddleston has given you excellent advice. I would follow up on his recommendations.
Any response given to a question is not intended to create an attorney/client relationship between this lawyer or this firm and anyone else. Any response is to be considered as a general response to a hypothetical set of facts and is not intended to be, and should not be relied upon as, legal advice.
In addition to or to clarify what Mr. Huddleston mentioned, even if the Executor HAS hired an attorney to advise and administer the estate, it is not uncommon for other beneficiaries to consult their own attorney separately and privately (as he suggested) if there are still concerns and/or issues with the way the estate process is going.