My wifes Dad Mom died 2 years ago, Dad 1st and then Mom. There are 5 children. The thing went thru probate without issues. The will says a...

Question

My wifes Dad & Mom died 2 years ago, Dad 1st and then Mom. There are 5 children. The thing went thru probate without issues. The will says all assets are to be split 5 ways. The oldest son was named executor and refuses to sell the 10 acres and wants to use the remaining 20 grand in cash to pay property taxes as long as it lasts until the youngest son can afford to buy the others out, +/- 200,000 for the value of the property. The boys want the land. The 3 girls want it sold and it all split 5 ways. The taxes are about 5000 a year. The 10 acres is actually 18 lots of record and may be subdivided as they wish according to the county and zoning. Since they refuse to sell it or distribute anything, my wife just wants her 2 acres and 20% of the cash. How do we make them give her, her share?

Answer

If agreement among the beneficiaries cannot be reached, alternative is to file an action in probate for enforcement of the court order. Court order is the basis for enforcement of estate administration if executor doesn't carry out order and administrative responsibilities, regardless of his personal wishes. Advised to discuss the details with documents available with an attorney if agreement can't be reached.

Answer

A proceeding in probate court to compel distribution.