Legal Question in Wills and Trusts in Wisconsin
Executor's delaying tactics
My father died 9/03 leaving an estate of cash assets and a house. The Will included a codicil leaving the house to 2 of the 4 siblings. The Will stipulated that appraisals be made at the time of his death to determine value. The Will states that the value of the total estate is to be shared equally(value of the house deducted from cash amount). Now one of the owners, the executor, wants to sell the house. The 2nd owner does not. The siblings split 3 to 1 and a sale was anticipated. The 2nd owner now claims that the sale can't take place because the house wasn't valued at time of death. During this time monies were used from the estate to make repairs and refurnish the house. The 2nd owner also had access to a small checking account with no reckoning made to the other heirs. How can a 2003 valuation be accepted in '06 after market values have risen? The house in now worth $150K more than the amount of the cash assets. Do the 2 siblings left out of the property have any recourse? All siblings live outside WI where our father resided and the house is located. A local attorney is handling the estate since Sept. 2003. I feel there have been illegalities, am I right? Is there cause to contest or ask the court to act as executor?
1 Answer from Attorneys
Re: Executor's delaying tactics
Hello,
It is difficult to provide counsel with these messages because only a few facts are shared,
and they can be confusing. A couple things seem clear. It is not proper to use a 2003 valuation. It has been too long to settle an estate which does not seem to have a lot of assets to deal with. What you need is a Wisconsin attorney who will represent you in communications with the estate attorney. That attorney will be able to find out what is going on and inform you, push to get things done, counsel and represent you on what alternatives you have, and make sure that you get a fair deal. You could hire an attorney in the city where the esate is being probated, but he does not have to be there. Communications with the various parties can be by phone and letter. It should not cost a fortune to do that. If you would like me to help, send and email back. We can then converse on the phone and I can get the additional information needed.
Best wishes, Mark J. Mahoney
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