My wife's dad passed away a year and a half ago and she is one of 12 children. The executor of the will refuses to move forward in settling ...

Question

My wife's dad passed away a year and a half ago and she is one of 12 children. The executor of the will refuses to move forward in settling the estate. The will states that the house is to be sold and divided 12 ways. We are the only couple of the family that needs the money. What can we do legally without stirring trouble? I might add that the executor is unmarried and lives in the family home.

Answer

Thank you for your question.

You may have the right to force the sale of the home, and you may also have the right to demand to be bought out by your other co-owners. You have options, but I can see how the executor is currently motivated to reside in the home and maintain the status quo. Our office would probably be able to work with you on a reduced fee or deferred fee basis until you receive your share following a sale or buyout. Unfortunately, this is a rather common scenario. We handle matters such as this throughout eastern Massachusetts. Feel free to give our office a call if you would like to discuss your situation in greater detail.