SALE OF REAL ESTATE AND OTHER PROPERTY THAT THE EXECUTOR FAILED TO SELL

SALE OF REAL ESTATE AND OTHER PROPERTY THAT THE EXECUTOR FAILED TO SELL

     Occasionally, a family member is living in a home owned by the decedent. To keep family harmony, often this family member is permitted to remain in the home temporarily. However, it may later become clear that the resident has no desire on moving, and the executor has neither an intention to make them move nor to sell the house. 

     The remedy a beneficiary has can be to have your attorney include in the Superior Court complaint a count to

1) remove the executor

2) remove the tenant and make them pay rent to the estate for the time they used the real property since death without paying rent

3) compel the appraisal of the home and, thereafter, the sale of the property

4) make the executor reimburse the estate for the neglect or waste of assets.