Pa, Usa - Sibling Refusing To Sell Parents' Property And Close Out Estate
Location: Pennsylvania, USA
Long story, but I'm hoping for a neutral third opinion. We have an attorney, but I've lost some trust in the firm and want an outside read on this.
Some background: my parents were elderly and in poor health. About 20 years ago my brother and his wife moved in with them as live-in caretakers (he has some nursing background). In exchange, they were told they'd inherit the family home when my parents died. My father passed about a decade ago, and my mother passed about 3 years ago.
Here's the problem. My mother's estate came out around $40k underwater once you factor in unpaid personal income taxes, medical bills, funeral costs, legal fees, etc. That's grown to $50k+ with interest since then. The estate doesn't have the money to cover it, nor does my brother, so the attorney says the house has to be sold to pay creditors before probate can close, which overrides what the will actually says about leaving it to my brother.
My brother can't afford to pay off the debt, and honestly he can't afford to maintain the house even if he kept it. He hasn't filled the oil tank in 2+ years, pipes have burst from freezing, the siding has asbestos, the roof is failing, the general squalor he lives in has created a massive issue with mold, and the place is generally in rough shape. He's refused to move, using his son's high school graduation as the reason to punt (he told me and the attorney his son was a senior two years running, which was only true the second time). Meanwhile no creditors are getting paid and it's been years since my mother died.
My brother and I were listed as co-executors. He's an emotional guy and basically won't act on anything difficult and just emotionally shuts down, which is expensive given the attorney bills by the fraction of the hour. I have no claim on the house and have disclaimed twice in writing twice (the firm lost the paperwork the first time, then denied it ever existed, even though I have emails and my own time off records proving otherwise).
Earlier this year I worked with the attorney to formally resign as co-executor in exchange for paying off the accumulated legal debt since her office was not being paid, with a lien to be placed on the property so I'd get repaid when it sells. My brother panicked at the idea of me being "off the hook," even though nothing was moving forward anyway. I ended up paying off what the attorney was owed just to get things unstuck, and pointed out that this is literally what he said he wanted: me out of it, him fully responsible. And him still having an attorney who would work with him, since the attorneys office had hit a breaking point where they wouldn't work with us since no money owed was coming in.
Nothing has moved since. I've told him he'd probably come out ahead just selling the house and renting somewhere nearby, with money left over and better access to transit and jobs, but he won't do it. I don't have the ability to kick him out of the house, nor do I really want to. I have no claim to the house, and I just want to be out of this loop.
My actual questions:
Can a co-executor actually be legally removed from a will/estate, and did that even happen given the mess with the paperwork? What legal exposure do I have if my brother keeps stalling and the estate's debts stay unpaid?
I don't mean to sound cold about it, but I've been trying to protect myself and my family here and I honestly don't know how much jeopardy I'm still in.
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