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...Read more
I am sorry to hear about your father’s passing and the difficulties you’re having with your brother. Obviously, your brother had no right to take all of the property in the house. Based on his actions and the break down in communications you can go to court and ask that you be appointed as the sole executor of your father’s estate. I’m not sure what other assets are in your father’s estate and whether such an effort is worth the cost and stress of litigation.
In terms of the house, it now belongs to you and your brother equally. You can force the sale through a partition action. Again, this can be divisive and expensive, but probably less expensive and more straightforward than a fight over your father’s estate. I recommend that you consult with a local probate attorney. However, before bringing an action in court it’s at least worth seeing if your brother would agree to meet with a mediator.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...