Legal Question in Wills and Trusts in Arizona
My husband is co-executor of his Mothers estate. The other executor lives out of state and has done nothing to help. One of my husbands brothers has lived in her house since before she died 2 years ago. The house which is on the market is the only asset that is to be divided among 7 siblings. This brother and his adult son live in the house refusing to pay any rent or to move out or repair anything. He is very belligerent when ever my husband tries to speak with him. We have called the police on him once for his bizarre behavior. He pays utilities, taxes are paid out of the little money she had left. Because they have no motivation for the house to sell we believe that it will not sell in this market while they live in it. Is there a way to subtract a reasonable rent from his portion of the sale when it does sell or should we involve the police to have him evicted? Some of the siblings are needing their money and my husband has been under alot of stress trying to deal with this.
1 Answer from Attorneys
Your husband, as co-executor, has a duty to take control of the house and put it on the market for sale, if that is what the Will provides, and he must act with or without his co-executor. If both are required to make a decision and the other won't cooperate and do his duty, then your husband should go to court to have the co-executor removed (if he won't resign voluntarily). Your husband can also petition the court for authority to evict the brother and nephew from the premises and may seek sanctions against them and/or penalties.
Your husband is entitled to legal counsel as executor, paid for by the estate. He should get counsel and take action at once.
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