Posted on Wed Oct 15, 2014, on Estate Litigation
Question: My father died over two years ago and the executor has not yet sold the Brigantine house and will not return my calls, what can I do?
The executor is a fiduciary, with an obligation to follow the terms of the Will.
First, the beneficiary should examine the Will. Does the Will give any specific instructions concerning the house? Klenk Law often states in the Wills they draft that real estate “shall be sold”, to be clear that the executor needs to move forward selling the property.