Does owner in a joint ownership have to move out in 30 days after house is sold?

[dunno]

Actually there's more questions to this situation which may belong in the wills trust category. i'll try to describe this convoluted situation that's occuring to my friend as succinctly as possible. A brother, John and sister, Pat has obtained joint ownership of their parents estate -the mother recently passed. In the will, their cousin, Bob was appointed as the executor. He was also made a trustee to Pat due to her mental instability (Pat was also adopted). During the time Bob has been the executor, there has been no statements sent to the siblings as to the amount in the parents monetary accounts or what has been spent. Bob acting on the sister's behalf has sold the house against John's desire. John had wanted to buy out the sister's half of the house as he did not want the house sold due to the low market but mostly he wanted to keep it in the family and continue to live in it. Bob still had the house sold. Now the realtors are telling John that he has to move out in 30 days. Now it seems to me that something is really wrong with this picture. First of all since Bob is the trustee for Pat and has acted on behalf of Pat, it seems legally there would be a conflict of interest for Bob to act as an executor for John's behalf. As it turns out not only has Bob taken total control and rejected any of John's request but has put him terrible situation by making be out of the home in 30 days which is not feasable as the estate (the furniture, etc) has not been sold or taken care of. So the starting question is, does John have to move out in 30 days. Can an executor have all the control without informing the siblings about anything or override any request they may have on the estate? Is there not a conflict of interest acting as an executor for John and a trustee for Pat? Also, in the end doesn't John have total ownership of the estate since he is the oldest and blood kin to the parents? Thank you for a quick answer...John is in shock. Would it be worthwhile to get a lawyer at this point?

 

[dunno]

NOT a REPLY: I wanted to add an example of somethings wrong with the picture: During the course this joint ownership, Pat the sister didn't want to sell the house and wanted to fire the attorney that Kate the executor had hired. The attorney charged $3000 for that phone call. Nothing was done about it. Kate also took possession of one of the cars with nothing in writing...she just took it without John's or Pat's permission.

 

[army judge]

Your pal desperately requires the services of an attorney.

You should advise him to hire one, ASAP.

He may not have to leave the home in 30 days.

If he chooses to, he can.

If he chooses not to leave, the executor will have to evict him through a court hearing.

Evictions can take eight to twelve weeks, before a judge would order a person to leave.

That is assuming the person lost.

Your pal could prevail, and forestall the sale of the home.

Only a judge can order another person to leave a home.

The trustee's order is nothing more than a request, a request your pal can ignore.

We don't know enough (nor should you reveal anymore) about this matter to render an informed opinion.

However, an adopted son or daughter possesses all the rights a natural born son or daughter would hold.

Eldest or youngest position in a family doesn't matter, insofar, as the laws of inheritance are concerned.

 

[disagreeable]

I can't comment whether this is a situation where one responsible sibling is making good decisions or exploiting power. It seems John could be a deadbeat, looking for a free ride. Being the responsible sibling in a similar type family, I call the shots. I make decisions based on what the parents wanted, not what the beneficiaries want. I am also the one who puts out 80% of the effort, taking care of family members. I don't cater to the wishes of my siblings. I make decisions on what family members need and implement my decisions.