Elder Law Answers
Can I Create a Special Needs Trust in My Will to Benefit My Husband?
I am age 74. Can I create a special needs trust in my will to benefit my husband if he ever needs Medicaid assistance to p...
Read moreCan I Force My Brother to Close Out My Mother's Estate?
- August 13th, 2015
Q
My mother died 13 years ago. My brother has been in charge of her estate. He refuses to put her home up for sale, instead using the estate’s money to pay the upkeep on an empty house for 13 years. What can we do to get this estate settled? Can my brothers and sister do anything?
A
The short answer is that you, your brothers, and your sister need to hire a probate attorney to represent you. That attorney will be able to take a number of steps to force action, depending on all of the facts and the laws and practices in your state. These steps may include actions to force your brother to provide an accounting, to remove him as executor, to charge him for losses to the estate or a partition action to force a sale of the property. Only a local attorney can properly advise you. To find an attorney near you, click here.