Legal Question in Wills and Trusts in Texas
what is the time frame for the deceased home to be put for sale. my brother is the executor of the estate and has had his daughter living in the residense sinse before my fathers death 03/04/2009. his daughter is not a beneficiary.
2 Answers from Attorneys
It is usually done within a year, unless there are special circumstances that prevent sale of the house, but the house should already be in the market at a reasonable asking price. If your brother can't sale the house because of the market, he should be charging rent, which should be distributed to the heirs when the estate is closed.
If your brother isn't acting in a timely manner, it is possible to petition the court to have another executor appointed. If he has breached his fiduciary obligations to the other heirs, he could be held personally liable for their loss.
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