sibling rivalry

[kendallandkayla]

Myself and two siblings inherited my parents house. My sister lived there at the time of their passing and continues to do so. She has been telling us for about a year that she wants to buy our shares but hasn't done anything. I am the executor. My other sibling(brother) has been understanding but is getting anxious to get his share. Can I set a deadline for my sister, say in a couple of months either buy it or sell it? Can I require her to move if I believe she is sabotaging our effort to sell the property, since by keeping the status quo she is living rent free? Also can I charge her a reasonable rental fee for the time she has occupied the house since my parents died even though she never agreed to it? I would give her credit for the taxes and any other costs which are not related to her tenancy (such as gas and electric)? Lastly can I charge her the executors fee that is permitted in my state? thanks

 

[dee_dub]

Last first - you can't charge her the executor's fee. You charge it to the estate. If the estate can't pay right now (because it can't sell the property), it owes you.

Does the will say anything about her living there or continuing to have the right to live there? If not, you are within your rights as executor to set a timeline for the house to be sold and for her to move out if she does not purchase the house outright. In fact, you have a duty to the other beneficiaries (i.e. your brother) to dispose of the house and distribute the proceeds. If he is in agreement that it can wait, you could probably charge reasonable rent for the future, but I would hazard a guess you would meet considerable resistance if you tried to charge retroactive rent for her time already there since your parents died.

 

[kendallandkayla]

Thank you for your answer. I didn't realize how much out of water a criminal trial lawyer would be trying to settle his own family's estate.