Legal Question in Wills and Trusts in Minnesota
Hello,
My sister was name the executor of my father's estate. The estate contained property and a house for sale. All property was sold at an estate sale shortly after my father's death and put in the estate account. The property has been on the market for 3 summers now without any potential buyers. In the interim, the executor sister has been living in the house and paying a minimal rent of $500 per month; which basically just covers the utilities to keep the house open. She determined her rent without any input from us other 3 siblings; us 4 daughters were left the house/property with a small payout going to grandchilden/ greatgrandchildren.
The executor sister claims she does not need our approval to determine the amount of rent that she pays to the estate nor does she need our approval to take in a renter. This is a lakehome that could easily command a rent of $1000 per month, plus utilities. She, also, wants to take the house off of the market for the winter--without our approval--because the market has been slow and she does not want to have to keep the house immaculate for future showings.
It is our understanding that she cannot arbitrarily take the house off the market--it is part of the estate it was left equally to us 4 girls and none of us can afford to buy out the other sisters. We agreed to sell it and that has not changed. We do not feel she can decide her own rent without our input nor should she be able to choose a roommate without our input. We feel it is her role to maintain this home in the most saleable condition as possible with or without her living in the home.
For now, she has 2 cats and took in a renter that had a dog. She has gotten comfortable in the home and we feel that she is no longer acting objectively in this situation.
Of us 4 girls, we typically have 2 against 2 and are rarely in full agreement, but on this matter I am siding with 2 of the other sisters. When making these type of decisions, must there be an agreement of 3 of the 4 sisters? Or can the executor make a decision with only 1 sister agreeing with her?
That is our dilemma and we would appreciate any assistance that you can offer. We reside in Minnesota. Jill
1 Answer from Attorneys
I would need to know more about the probate process up to this date. For instance, is it formal or informal? Is she the only executor?
There are some options you can explore, but first I need to determine where you are in the probate process and more facts.
If you want further help please let me know.
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