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BonesCPA · 10-07-2005, 12:43 PM

Your attorney should be able to answer your questions, but in the meantime...

Generally, in an estate situation, the beneficiaries are afforded the most consideration in the settlement of the estate. If the will says Joey gets the ottoman and Susie gets the piano, if those assets exist at the time of death and do not need to be sold to cover the debts of the estate, then then should go to the person so directed in the will. If not, then the beneficiaries can sue the executor for not following the terms of the will.

Reading further into your rant, I will make some assumptions that may or may not be accurate, but based on my experience I should be pretty close. It appears as though you live in a house that is part of the estate. Most likely you are the only remaining child that lived with a parent who died. You didn't have any plans to move out of the house in the near future. Your siblings, who are also beneficiaries of the estate, have decided to sell the house so that the proceeds can be distributed to the beneficiaries (of which you are one.) You see it as a greedy cash grab that doesn't take your situation into consideration.

Unless the will states that you should be afforded the opportunity to remain in the house for a period of time (specific or not), the executor is authorized to manage the estate in whatever method they feel is appropriate. The will maker made the decision to have this person as the executor, so it must be assumed (in the eyes of the law), that they will act in the best interest of all beneficiaries. The meeting of everyone besides you in making the determination is not illegal - as a beneficiary you are afforded some rights, but being part of the decision making process is not one of them.

That is the jist of the law for estates.

Now with the human emotions that are going with this situation, it may not be "fair" to you to be forced to relocate because everyone else wants the money/doesn't want the hassle of keeping the house. That is something you will have to deal with on a family level. Hopefully the proceeds you receive wil allow you to relocate to and adequate location.

10-07-2005, 12:43 PM	#2 (permalink)
BonesCPA No. It's not done yet. Location: sorta kinda phila	Your attorney should be able to answer your questions, but in the meantime... Generally, in an estate situation, the beneficiaries are afforded the most consideration in the settlement of the estate. If the will says Joey gets the ottoman and Susie gets the piano, if those assets exist at the time of death and do not need to be sold to cover the debts of the estate, then then should go to the person so directed in the will. If not, then the beneficiaries can sue the executor for not following the terms of the will. Reading further into your rant, I will make some assumptions that may or may not be accurate, but based on my experience I should be pretty close. It appears as though you live in a house that is part of the estate. Most likely you are the only remaining child that lived with a parent who died. You didn't have any plans to move out of the house in the near future. Your siblings, who are also beneficiaries of the estate, have decided to sell the house so that the proceeds can be distributed to the beneficiaries (of which you are one.) You see it as a greedy cash grab that doesn't take your situation into consideration. Unless the will states that you should be afforded the opportunity to remain in the house for a period of time (specific or not), the executor is authorized to manage the estate in whatever method they feel is appropriate. The will maker made the decision to have this person as the executor, so it must be assumed (in the eyes of the law), that they will act in the best interest of all beneficiaries. The meeting of everyone besides you in making the determination is not illegal - as a beneficiary you are afforded some rights, but being part of the decision making process is not one of them. That is the jist of the law for estates. Now with the human emotions that are going with this situation, it may not be "fair" to you to be forced to relocate because everyone else wants the money/doesn't want the hassle of keeping the house. That is something you will have to deal with on a family level. Hopefully the proceeds you receive wil allow you to relocate to and adequate location. __________________ Back into hibernation.