Our Mom passed about 7 years ago leaving 6 of us to divide the inheritance. there were 2 houses, in very poor condition, 1 sister in each house, when our mom passed. Both property valued at $150,000.00. $70,000.00 for 1, $80,000.00, the other 1. It took 6 years to get them out of the house to be able to sell the houses. In that 6 years, they paid no rent, nor made any repairs or improvements, just paid the utilities they used. Taxes were paid on the estate from the personal property left in the estate to the amount of $50,000.00, which drained the bank account of the estate that was supposed to be divided equally between the six survivors. The 2 living in the houses benefited from it personally, keeping the other 4 from benefiting from that money. That was taken into consideration when dividing the estate property. The executor of the estate had everything ready to be settled and signed, but, one of the sisters that was living in one of the houses, thinks that she deserves more, so she refuses to sign her papers, but, refuses to seek counsel to protest. The rest of us have already signed the agreement. It's like she's blackmailing us for money she doesn't deserve.
If you are unable to obtain a signed release from all beneficiaries then you would need to complete an accounting and submit it to the court for approval. The probate court judge could then approve the accounting and close the estate.
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The Executor should address this question with his attorney. There are probably a couple of possible options. One is to submit an accounting to the Court and get the Court's permission to close the estate. This is a little more time consuming and costly but would allow the estate to be closed and a final distribution to be made. Another option might be for the Executor to sue the sister on behalf of the estate to recover the rental value of her use of the house during probate. This may persuade her to rethink her position.
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