Legal Question in Wills and Trusts in Pennsylvania
Parents' Will
My sister is executor of my parents' will. Our mother died in 1999, and our father recently died. My brother is unemployed and living in the house that was left to all 3 of us in the will. We also recently discovered my father left us a lot of money, but my sister wants to hold onto the money until my brother agrees to sell the house. That way my brother won't stay in the house with the inheritance to pay the bills that come with a huge 4-bedroom house. If she gives us the money now, he won't have incentive to sell. Can she legally keep the money until he agrees to sell? I don't mind waiting and I agree with her decision.
1 Answer from Attorneys
Re: Parents' Will
Alot of what your sister can or cannot do with respect to her administration of your father's estate will be dictated by the terms and conditions of his Last Will and Testament. However, I doubt very much that she will be able to withhold his inheritance pending his agreeing to sell the property.
However, simply because his is currently living in the house does not give him some special right to continue to do so. Moreover, if you are each going to receive a large monetary inheritance, why would it even be necessary for him to want to stay in the home.
Bottom line on this type of situation is that, if he won't agree to sell the home, you guys may have to end up taking him to court to compel the sale of the property. Never a good choice if it can be avoided. If you and your sister would like to discuss this matter in further detail with me, please feel free to contact me either through are website at www.americanwillsandestates.com or by email at [email protected]. Thank you and good luck.
Lloyd A. Welling, Esq.
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