Belt Auction

If an executor of a will does not follow the instructions, what can I do?

All of the possessions were to be divided between my 3 younger brothers and myself, Instead, my younger brother who is the executor (I live out of state) is telling me to pick out a few "mementos" and the rest is going to be put into an estate sale; if anyone wants anything they'll have to BUY it after it's appraised by the auctioneer. THIS IS NOT WHAT MY MOM WANTED!! She was the president of the town's historical society for 20 years. There are antiques she has kept for generations. She must be TURNING OVER IN HER GRAVE to think these cherished family items will be turned over to a stranger. HELP!

Public Comments

1. have a lawyer file a complaint in the court.
2. Actually, that is perfectly fine as long as the money is divided between you.
3. Couldn't tell you. I'm the personal representative of my mother's estate and I am not following her will. She said her daughter-in-law was not to enter her house, just my brother and myself. Unfortunately, her son has gotten a job out of state and cannot help with the house. His wife and I are all that are left to clean her house and get rid of her estate. She also left everything to me. I have issued a document disclaiming half of the estate, to be given to my brother. And his kids are getting items from the estate as part of their inheritance. My mother is probably turning over in her grave.
4. The executor is probably following the instructions of the will. In order to know for sure you need to consult an attorney and have him read the language. General language such as divide all my possessions really isn't making a specific bequest. Instead, it is likely to be construed as a type of residuary clause. As a practical matter, even if that is what the will states he is not completely off with the procedure. In order to equally divide property, that property must be valued. You then have the right to purchase that property from the estate. The funds from the property you purchased are then added to the estate and divided among all parties (including you) entitled to a share of the estate. You can probably avoid going out of pocket in regard to the items you select until a final accounting is done. This can be agreed to by the parties. Thus, everyone selects the property then want. Any remaining property is sold. Then the shares are calculated and funds disbursed after taking into account the property you have or will receive. In other words, if A takes $1,000 of property, B takes $3,000 of property, and C takes $2,000 of property, and an estate sale results in $6,000, A would receive $1,000 of cash on final accounting, B would have to pay $1,000 into the estate, and C breaks even. Its really an accounting issue and, quite frankly, you and the executor are making a mountain out of a molehill.