Legal Question in Wills and Trusts in Utah

My sister has been appointed as executor of my deceased parents estate. I feel she and my brother are doing things that are not right. We are selling our family farm. There are five heirs to the estate all having equal rights to the property (20 percent). I was appointed to be the person to deal with the sale of property. I found a buyer who had the cash to purchase said property. We all met an agreed to accept the offer meet with the buyer and our attorney the following day. However, the executor and my brother met behind my back and cancelled the sale. Needless to say I upset beyond belief. They then wrote up a contract for my brother to purchase the property. He was given 90 days to close on the property. The 90 days will be up in a couple of days and she ( executor) is giving him additional time beyond the contract to try to come up with the money which given his circumstance I doubt will ever happen.

I am able to purchase the property immediately for the same price, I also have a buyer who is willing to close in about 7 days for a great deal more money. I have also offered to settle by taking my 20 percent in property. She is unwilling to agree on any of the options I have presented.

Do I have any legal recourse?



Asked on 9/05/13, 9:46 pm

1 Answer from Attorneys

Randy Lish Randy M. Lish, Attorney at Law

As personal representative, your sister is the one responsible for making decisions. In order to succeed in e petition to have her removed, you would have to show that she is violating her fiduciary duty to the heirs. At this point, you are probably not there yet. If she delays in selling the property too long, you could make an argument that she is not following through with her responsibilities, but you would have to show that for an extended period of time she has refused to act (usually about 6 months).

Read more
Answered on 9/06/13, 9:56 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Utah