My brother is the executor of my mothers' will. The will calls for everything to be divided evenly between me and my 2 brothers; however, by the time my mother passed away, her condo was the only thing of value left to be divided.
We hired a realtor and listed the condo for sale. The condo is actually a Co-op, and as such, it must be (bought / sold) as a cash transaction which made it more difficult to sell.
Ten months after we first listed it for sale, just by chance, as I drove by the condo I happened to notice new curtains and new blinds were up. The next day I contacted the realtor and found out the condo had been sold 2 months earlier.
I called my brother, the executor, several times the next few days without success, about a week later he finally returned my call. I asked him when, or if, he was planning to tell me about the condo being sold. I then asked him when I could have my money.
My brother, the executor, then told me that he had the money, but, I couldn't have it until I got all my crap out of his attic and his shed.
I told him I'd come up the next day, get the money, rent a truck and storage unit and remove all of my things being stored, with his prior permission, in his attic and shed.
He said," NO !!! "
He said , "Not until you get everything out of here. "
I told him it would have been gone 2 months ago if he would have called me when he should have.
It's now been over 3 months, of which, I have been "homeless" every single day.
I know my brothers' actions, or lack thereof, are morally wrong and untenable, are they legally wrong as an executor of my mother's will ?
Thank you so much for your time and efforts.
Sincerely, Scott
Answer
Legally, he does not have the right to condition the distribution of the estate on an extrinsic matter.
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