Legal Question in Real Estate Law in Indiana

my father passed away 4 weeks ago leaving behind 25.25 acres of property. In dads will it says that all of the rest of remainder of my property be devised in fee and in equal shares to my children and then goes on to name the 7 children. one of my brothers renounced himself at first as excutor and then my other brother step up and said he would do it . no paperwork was signed but attorney drew papers up to sign and no I find out tht the brother who renonced wants to sign the papers and become the executor again. since the will is suppose to be unsupervised I'm not comfortable with the two execuctors (my brothers) being executors since they have their own interest at heart. is their anything we can do to keep these to from forcing the indiana mortgage people from forclosing on this property since they dont hold our interst in keeping the land . whats my options


Asked on 3/12/13, 7:15 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

1. Petition the court to name someone else as personal representative (what you call the executor). 2. Hire your own attorney to represent your interests. 3. If you want to hold on to the land and your brothers apparently don't, start saving money to buy them out.

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Answered on 3/13/13, 5:47 am


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