Legal Question in Wills and Trusts in Connecticut
estate law
My mom died in February 2008, leaving her estate in CT (house and savings) equally to her 7 children and naming one brother as executor. The problem has become the house. One sister and I want to sell now, despite the market, to get out from under the upkeep and care of the house. There is no mortgage, but the house is in CT and heating season is coming, the 3 living nearby don't have time to take care of the yard, etc. While it has lost some market value, it is in a highly sought-after neighborhood. However, some of the sibs, including the brother who is executor (one of those 3), don't to put it on the market until the market comes back. In addition, my brother the executor won't hire for yard maintainence or hire a management firm to rent it. He wants to rent it out and manage it himself. He's very busy and hasn't had time for regular yard maintainence. One sister and I want nothing to do with renting it out under these circumstances - too many things could go wrong with the renters and the house (60 years old). What recourse do we have? Is our share of the estate hostage to our brother and the out-of-state sibs who want to hold it for another year or two? He claims by-outs aren't an option.
3 Answers from Attorneys
Re: estate law
I am sorry to hear of your loss. Unfortunately, this situation is all too common among siblings after a parent passes away. As the other responders have noted, you have some options in terms of getting the property sold, but it depends on where the estate is in the process and what terms your mother left in her will or trust documents.
There should be a probate matter in Maine, if that's where your mother resided when she passed away, as well as an ancillary probate matter open in Connecticut, as there is real estate located in Connecticut. It is possible to petition the probate judge in Connecticut via an Application to Sell the Real Property, as another responder noted. The difficulty, however, is that you might not have standing, as such a request is typically brought forward by the executor of the estate.
The test for whether a judge would award the sale of the property is whether it is in the best interests of the estate, and whether it is consistent or inconsistent with any will or trust documents your mother had executed.
Let me know if my office can assist you at all. We have an estate similar to yours that the siblings have been fighting over, and we've been working hard to get issues like the one you are describing resolved. A situation like this can be messy and overwhelming and can really tear apart a family if it goes on too long.
Best of luck.
Re: estate law
Is there an opened probate estate with the probate court? If so, you could file an application to sell the real estate and have the probate court decide.
Re: estate law
Your concern is a very real one, and it happens all the time. I do not practice in Conn., but as a general legal matter, I would first look to the Will, does it leave the house to everyone, or is the house in the residuary clause, which is to go to everyone (with all other assets) and be sold? The executor has great discretion in dividing up personal property and selling property, but it is not unlimited power. If you are unable to agree informally then the only real option is the go through the expense and discord of filing a request with the Probate Court on the issue. That will likely lead to a Judical conference where the Judge will urge all to resolve.
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