rights and responsibilities

[SharonZ]

My 93 year old mother had a will drawn up dividing everything the way she sees fit. Which is fine by me.
There are four children and we each will get 1/4 of property/house my mother resides in. The one sibling will also inherit 10 acres.
One of the siblings resides (also executor) with my mother and we expect they won't move out or leave the property. Where does that leave me? Will this make me financially responsible for any bills he runs up? What would be my rights and responsibilities?
Thank you,
Sharon

 

[army judge]

Sue, Bill, Buddy, and Molly inherit a home.
Each person owns 1/4 of the home.
Bill just wants the home sold, the profits divided equally among the four owners.
Sue wants to live in the home.
Buddy and Molly don't care.
This is one of the only times in your life where the minority gets his or her way.
Bill can petition the court to partition (sell) the property.
The judge issues the order to partition the property.
The property is sold.
The profit is divided equally amongst the heirs.

That's how you get a free loader off your back, Sharon.

That's also how you avoid being liable for the errors, omissions, and negligent acts of others!

 

[SharonZ]

Thank you so much! I really like how you answered!

 

[army judge]

Thank you so much! I really like how you answered!

You're welcome.
We were given many hypos in law school.
It helped me better understand some of this legal mumbo jumbo way back then in Bed Rock. LOL
I often use a similar technique today when discussing issues with clients, or curious friends.

 

[disagreeable]

No child is the executor until a court appoints them. The day mom dies, file to be appointed executor with no will. When other child appears with will, request it be filed with court. When other child argues mom wanted them to be executor, argue if they are executor, the assets will not be divided in manner consistent with moms wishes as that child will not sell the home and will live in it. If mom wanted that, she would have made that wish apparent in the will so it is unfair to tie up the inheritance of everyone so that child can benefit. Argue instead you should be executor and that child can have option to buy out other siblings at fair market value.

 

[SharonZ]

An attorney made the will up and it's supposedly in there that the one brother is executor. I did not realize the court had to appoint the brother. I can't file to be executor because I live states away from there. I suppose I could hire an attorney and do as Army Judge suggested, petition the court to partition (sell) the property for me. This way at least that will be done as she wanted. To be honest, I did not even want to be in the will. What is there really that can take the place of a loved one! I did not want to have to put up with the greed that I know is going to happen. Sad!