My mother died several years ago and was survived by her husband (my step-father), my brother, and myself. All her belongings went to her husband when she died (naturally) but he passed away 2 years ago leaving only my brother and I as immediate family and "partial" heirs.
My stepfather had a niece who is an attorney (civil - not probate attorney) and he made her executor of his estate as well as pre-paid her for her services prior to his death. My stepfather had a will that clearly stated that my mother's items were to go to my brother and I and his house was to be sold, with the proceedings to be split between my brother and my stepfather's 2 sisters.
As of this date, with the exception of a few sentimental items of my mother's, his niece (the executor) has yet to release the rest of my mother's items and has not placed the house on the market because she is "too busy" with her other cases - although, oddly enough, her homeless cousin has been residing in the house as a "caretaker" for the past year and a half. What rights do we have as heirs to force her to relinquish the items willed to us and how long can she delay selling the house?
My stepfather had a niece who is an attorney (civil - not probate attorney) and he made her executor of his estate as well as pre-paid her for her services prior to his death. My stepfather had a will that clearly stated that my mother's items were to go to my brother and I and his house was to be sold, with the proceedings to be split between my brother and my stepfather's 2 sisters.
As of this date, with the exception of a few sentimental items of my mother's, his niece (the executor) has yet to release the rest of my mother's items and has not placed the house on the market because she is "too busy" with her other cases - although, oddly enough, her homeless cousin has been residing in the house as a "caretaker" for the past year and a half. What rights do we have as heirs to force her to relinquish the items willed to us and how long can she delay selling the house?
