Legal Question in Wills and Trusts in Minnesota
Bank Handling Estate
My husbands parents both died. My brother in law was handling the estate, he was named executor. He no longer wants to mess with it (the brothers are having disagreements) and wants to either hand it over to my husband to finish handling or hand it over to the bank until the property and house are sold. Can he do this, does he have to give us 30 days notice he is moving off the property? It is located in the country so someone really needs to be there until it is sold. Any clue as to how much a bank would charge to handle something like this, there is alot of acreage so someone would even have to be hired just to go up and maintain the lawn.
Any advice would be greatly appreciated.
Thank You
2 Answers from Attorneys
Re: Bank Handling Estate
If your brother-in-law is a court appointed executor or court appointed trustee, he must resign and the court would need to appoint a successor executor or trustee to finish administering the estate. Any one of the other children could petition the court to be appointed or the children could agree on a disinterested third party to be the personal representative. A bank could charge as much as 5,000. to 10,000. to handle an estate. The family could rent the home to someone or they may have to hire someone to look after the property until it is sold. Unless you had some sort of rental agreement or agreement with you brother-in-law, he does not have to give you 30 days notice.
Re: Bank Handling Estate
Sounds like you have a complicated situation and need to go see a lawyer in person.
Once a person is appointed as Personal Representative of the estate, taking care of assets and businesss is a serious responsibility. That person is accountable to the court and to all interesed parties. That person remains on duty until the court appoints someone else.
He can't just hand it over. He would have to ask the court to appoint someone else, who then may either accept or refuse. Complicated stuff. Good luck.
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