How can I stop my brother interfering with the closing ofmy mother’strust?

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How can I stop my brother interfering with the closing ofmy mother’strust?

I am executor of my mothers Will. My brother is the only other beneficiary. All matters were settled in a few months, 2 years ago, with the exception of my brother paying for a home. For 2 years he has refused to pay, always a different excuse. He has done anything he can to prevent the sale to any one else, it seems now as executor I cannot sell without his permission. I tried to buy it and he demands double it’s value if I buy. He has had mental issues his whole life refuses treatment and beledgerant spiteful behavior is nothing new.

Asked on October 23, 2010 under Estate Planning, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Is it a trust or will is my first question because it ultimately does make a difference which set of estate planning of laws rule over this matter. If you are the executor or trustee, you have a responsibility to not waste trust assets and to make the most of the sale (in other words do what is best for the trust or will).  You may need to obtain a declaratory ruling on this matter in court to determine if there needs to be a forced sale or default of the home by your brother.  There are a whole host of laws and case law concerning issues of problem beneficiaries and the responsibilities to those beneficiaries in terms of whether their actions arise to or are tantamount to essentially refusing the gift.


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