my fiance's mother died 15 months ago. The family home is to be split between himself and 5 siblings. He is supposed to buy the property, bu...

Question

my fiance's mother died 15 months ago. The family home is to be split between himself and 5 siblings. He is supposed to buy the property, but the executor of the estate recently had utility company threaten to cut utilities off because bills are in deceased name. What are his rights to try to obtain ownership?

Answer

Its not ethical for an attorney to discuss your fiance's legal issues with you. Your fiance, if he is concerned, will get a probate lawyer.

You indicate that the fiance's mother died 15 months ago, but this does not tell anyone anything relevant. Did the mother have a will? If so, who is the personal representative? Was an estate probated? What other assets are in the estate? What debts are there? Why has the personal representative not taken adequate steps to distribute the home or sell it to the fiance? Or put the electric bill in the name of the estate if distribution will be delayed? Why is the estate still open after 15 months? When is the estate administration expected to end? Has the property been appraised? Do the other heirs/beneficiaries consent to the fiance buying the home?

These are all questions that need to be addressed. Your fiance needs to take a copy of the estate file to a probate lawyer to review. If there are insufficient assets in the estate I don't know why the executor cannot sell the property to your fiance for fair market value now as it would have the benefit of getting the property and its expense out of the estate. If there are no debts outstanding, then why can't the executor make distribution now? Then your fiance could buy out the shares of the other heirs.