Legal Question in Wills and Trusts in Wyoming
executor communication with other heir
I am named with my brother in our brother's will. It is just the two of us involved, he is executor. He is not in a hurry to list the house on the market to sell, real estate agent has said we could list it, even get a contract on it, and in the contract the date of sale would depend on the end of probate, which should be another month or two. By that time, winter has arrived in WY and according to the agent, the market slows down considerably, so we are looking at holding it until spring. While it sits, we pay mortgage and upkeep, can I force the issue and get it listed? Also, is he required to keep me informed as to how the process is going, selling his car, listing the house, etc. I am in the dark, I ask, and he won't answer me. I am expected to pay for the upkeep on these things, the money eventually comes out of the money I receive from the sale of the house, but have no say in how quickly they are sold, that doesn't seem right. We are both out of state.
1 Answer from Attorneys
Re: executor communication with other heir
Unless you're living in the house, you are not required to pay for the mortgage or upkeep. That's the executor's responsibility. While the house may not close until the end of probate, there's really nothing stopping the house from being listed while prospects are better.
Unfortunately, that's a legitimate judgment call on the part of the executor. If you feel that your brother isn't doing the job, you can always have an attorney move to have him removed and have you substituted in his place. The judge may, or may not, buy it; there are no guarantees.
As to keeping you advised, he is under no legal obligation to do so. I don't know Wyoming law, but I expect that there's a statute that allows you to demand an accounting from the executor after a given period of time. A Wyoming lawyer should be able to tell you when that may be.
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