Can the executor of an estate be the only heir?

Since you sollicited my answer....I will address the answer to your wife not you... I think the other four answers have it basically right. The exact procedure to follow may vary by state but your brother has failed to do his duty as executor, He has in fact distributed the estate, to himself and to your brother, allowed "wastage" of the estate, and failed to properly administer the estate, You will need to engage in legal process to get it fixed (if it can be fixed). If things had not gone so far and so long I would have suggested a threat of legal action, telling him you want action and an accounting, but at this point I would guess by the time he got it done you'd be cheated significantly.

He is liable for his failures and it may cost him a lot now, but there is no way you can get your fair share without hiring an attorney A new executor will be appointed (possibly you; perhaps you'll ask for someone neutral who will have to be paid a significant fee), will establish what has happened to the assets and what they were worth, what the remaining asset is worth, who has paid what, who has received what and how each of you gets one third. Very likely they will find that the brother living in the house got his third or close to it, the administrator is iiable for the lost assets which come out of his share, and the remainder is mostly yours, considering the housing market and the depreciation of house values in three years. So that's the easy part.

The question here is, what do you want to accomplish in terms of family relationships? Are you willing on the one hand to let it lie, having been robbed of your inheritance? Are you willing to make a fuss but not hire a lawyer, lose a lot but perhaps pressure your brother into some action to sell the house and perhaps get inadequate compensation for the rest?

In the end it might not be a big loss, but I can't imagine you'll get a lot of satisfaction. Or do you want to create a lot of hard feelings and present him and your other brother with the consequences of their actions, which will probably include nothing for younger brother and a bill for older brother? I can't tell you what to do in that sphere... Oh and considering that you failed to act before this, do you bear any moral liability for your inaction that you are willing to sacrifice in real dollar terms?

Why didn't you ask your brother what he was planning a year or two ago?

Every state is different. Every county is different. Usually the desires of the heirs are at least considered when the estate assets are disposed of, and an estate is divided up.

Based on the limited information you have given here, I don't think your wife is responsible for paying for the property taxes or the real estate insurance. The ESTATE is responsible for paying for these debts. Your wife can demand an accounting of the Estate(s) - it sounds like this will need to be done through the Probate Court.

At the very least, your wife can let the Probate Court know that she is not being informed as to the way the Estate(s) are being settled. If the estate paperwork has been filed with the CourtHouse, then it is public record. Go to the Probate Court in the county in which your wife's parents lived, and request copies of the case filings.

(Take some money to pay for copy expenses.) Get an attorney. For your own protection, your wife needs to get an attorney ASAP. THE best way to find a lawyer is by word of mouth.

Ask your: family, friends, coworkers, anyone you might know in the same situation, etc. OR Call your local (usually county) bar association. Ask for names of attorneys that handle Estate Law. (If money is a BIG problem, you could also ask for the phone number of your local LegalAid office.

- the attorneys at LegalAid are "real" attorneys, but sometimes in the field of Law, how much you are willing to pay does affect the quality you get.) When you call the law office(s), insist on speaking with the Lawyer. Just tell the Secretary the main idea of your matter - do not tell all the little details of your matter to the Secretary - save the details for the Attorney. When you get the Lawyer on the phone line, ask him/her: - Do they give >>>FREE, initial consultations for the FIRST meeting?

(most do, but not all - you have to ask, don't assume) - How much do they charge (per hour)? - Could you make payments on your account? - Can they help you?

OR Refer you to someone who can help you? Good luck. (This is based on my knowledge, information, belief, and life experiences.

This was intended as personal opinion, and not intended to be used as legal advice. Seeking advice over the Internet is not a good idea - the field of Law is too complex for that. Please be careful and do your research.).

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.