Legal Question in Wills and Trusts in Pennsylvania

The will controls who gets what. I assume that executor probated the will and was issued letters testamentary by the Register of Wills.

If the brother who feels entitled won't cooperate, the executor can go to Orphans' Court. He should warn the uncooperative brother that court and lawyer costs will reduce what's available from the estate and may all be charged to uncooperative brother.

Or, the sale of assets, as far as the house goes, can be by selling it to that brother. Everyone could agree on brother's buying the house for a market value to be determined by appraisers, and he buy the 5/6ths that are not his share from everyone else.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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You aso no question but I would agree with Attorney Jacobson. The executor is in control and has to abide by the will. The executor needs to make it clear that if this goes to court then everyone loses (only the lawyers win until people or the estate run out of money). Your brother gets what is in the will and no more. If he wants the house, he can buy out the other shares (5/6th). He does not get to dictate what he pays for the home. The home has to be appraised for tax purposes anyway. He can agree to accept that. If he thinks the house is worth more or less, he can pay for his own appraiser and will have to justify the figures. In an absolute worst case scenario, the court will order the land to be sold and your brother can bid on it like anyone else. The court will then divide up the money. I would also make it clear that if your brother wants to be pig-headed and causes financial loss to the estate, that the estate will seek reimbursement of its costs and legal fees from his share.

The executor needs to get a probate litigation lawyer now to put a stop to this nonsense.