Sue My Family Over An Estate Dispute?

Summary

The Ramsey Show Highlights: Episode Summary Title: Sue My Family Over An Estate Dispute?
Release Date: June 28, 2025
Host: Ramsey Network

---

Introduction

In this episode of The Ramsey Show Highlights, the Ramsey Network delves into a complex family estate dispute brought forward by a concerned caller. Hosted by notable experts Dave Ramsey and Rachel Cruze, the discussion provides insightful advice on navigating the emotionally charged and legally intricate process of managing an estate when disagreements arise among family members.

Caller’s Dilemma: Mismanagement of the Estate [:00:06]

The caller reaches out with an emotional predicament involving her brother-in-law, who has purportedly failed to honor the will's stipulations as the executor. The caller explains, “[...] our brother in law has not done what he was expected to do as the executor of a will that we would be involved in” (00:06). The core issue revolves around the executor’s unilateral decision to sell the estate’s assets, contrary to the deceased’s original wishes.

Details of the Estate and Alleged Misconduct [:00:37]

Rachel Cruze prompts the caller to elaborate, seeking clarity on the situation. The caller outlines the sequence of events: her father-in-law passed away in 2018, leaving his estate to his wife (the stepmother-in-law), who in turn passed away in 2020, bequeathing everything to her son (the stepbrother) and two other brothers. Contrary to the will, the stepbrother sold the family home and other assets without the beneficiaries’ knowledge or consent,[^1] stating, “Gone behind our back” (00:42). The house, originally valued at approximately $795,000, was sold for a significantly lower amount, with legal advice suggesting the total might be around $100,000 due to lack of documentation.

Financial Implications and Potential Fraud [:01:45]

Dave Ramsey questions the financial magnitude of the estate, uncovering that the caller and her family were entitled to about $300,000 after the sale, minus back taxes (01:45). The sudden and unauthorized sale, including a complete remodel of the property that the beneficiaries were unaware of, raises serious concerns about fraud and mismanagement by the executor.

Legal Pathways and Challenges [:02:24]

As the conversation progresses, Rachel Cruze seeks to understand the timeline and the executor’s motivations. The caller reveals that the sale occurred in October 2024, with attempts to contact the executor proving futile. He has provided only a $5,000 cashier’s check without explanation (03:24). This lack of transparency and accountability leads Rachel and Dave to explore legal remedies. Dave suggests petitioning the probate court to compel the executor to provide an accounting, stating, “He essentially committed fraud” (05:07).

Emotional and Financial Costs of Legal Action [:05:14]

Rachel emphasizes the prolonged timeline of five years without resolution, questioning the negligence involved. The caller is torn between seeking justice and the potential financial strain of legal battles. Dave warns of the risks, advising caution: “It’s going to cost you your piece, it’s going to cost your time, and it’s going to cost you your money” (08:18). He recommends gathering all possible evidence and consulting with an attorney to weigh the viability of the lawsuit.

Conclusion: Weighing the Decision to Sue

The episode concludes with both experts acknowledging the complexity and emotional toll of the situation. While seeking legal action may provide a pathway to justice and potential financial restitution, it comes with significant emotional and monetary costs. Rachel and Dave collectively advise the caller to thoroughly assess the evidence, involve all family members, and consult with legal professionals to make an informed decision.

Notable Quotes

• Dave Ramsey: “He essentially committed fraud. So what you'd have to do is petition in probate court to force the accounting of this, force him to show up, force him to deal with this.” (05:07)
• Rachel Cruze: “I would try to get all the evidence you can all do all the homework you can get all the family members you can involved, get a copy of the will, get documentation of everything you can, all the communication with him or lack thereof, and then see what happens.” (08:18)

Key Takeaways

1. Executor Responsibility: Executors are legally bound to honor the deceased’s wishes as outlined in the will. Deviations can lead to legal repercussions.
2. Legal Consultation: Before pursuing litigation, it’s crucial to understand the financial and emotional costs involved.
3. Evidence Gathering: Comprehensive documentation and evidence are vital in substantiating claims against the executor.
4. Family Communication: Ensuring open dialogue among all beneficiaries can prevent misunderstandings and potential conflicts.

---

For listeners facing similar estate disputes, this episode underscores the importance of understanding your legal rights, the responsibilities of executors, and the potential avenues for resolution when wills are not honored as intended.

[^1]: The sale and mismanagement of the estate assets without beneficiary consent.

Transcript

[Caller]

Brought to you by the EveryDollar app.

[Dave Ramsey]

Start budgeting for free today.

[Caller]

I have. It's kind of an emotional question, but basically our. Our brother in law has not done what he was expected to do as the executor of a will that we would be involved in. And it's got to the point where we would need a lawyer. So that is my question. Should we pursue a lawsuit even if we don't have the money for a lawyer? But we, we would probably have the money once the lawsuit was settled.

[Rachel Cruze]

Well, you got to tell us more. Make. Make your case for us here.

[Caller]

Okay. So my judge Warshaw passed. My father in law passed away in 2018 and left everything to his wife, which is my stepmother in law. She passed away in 2020, leaving everything to her son and which is a stepbrother. And then. And then two other brothers. The stepbrother, that's the executor of the will went and sold everything in the house. Sold the house, the land, all of it.

[Rachel Cruze]

Okay.

[Caller]

Behind our back. Behind our back.

[Dave Ramsey]

That was not the stated wishes of the will.

[Caller]

No.

[Rachel Cruze]

What were the stated wishes?

[Caller]

That. That the three beneficiaries were her son and then the other two brothers.

[Rachel Cruze]

And is one of those your husband?

[Caller]

Yes.

[Rachel Cruze]

Okay.

[Dave Ramsey]

How big was this estate? Do you have any idea?

[Caller]

The house sold for about. It was listed at 795,000.

[Dave Ramsey]

Okay. Anything else?

[Caller]

Everything that was in the house, tractors, cars, everything. I mean, he had two acres.

[Rachel Cruze]

What do you think? It was all worth.

[Caller]

Speaking to a lawyer. They said we. It would probably be about 100,000 for everything in the house because we don't have any documentation for it.

[Rachel Cruze]

So we're talking about 900 ways.

[Caller]

Yes.

[Dave Ramsey]

So you'd be owed about 300 at the end of this if all things had gone to plan.

[Caller]

Yes. Minus the. The back taxes that were paid when the house sold.

[Rachel Cruze]

How much was that?

[Caller]

And not very much. Less than 50,000.

[Rachel Cruze]

Okay.

[Caller]

But he also did a complete remodel to the house that we didn't know about either. I don't know if that is in the consideration or not.

[Rachel Cruze]

So let me just make sure I understand this. The will said everything was supposed to be split three ways amongst the brothers. One brother said, forget that. I'm going to sell all of this myself. Yep. And then where is that money? Like he. So he sold the estate, he sold the property. Where is the money? Do you know?

[Dave Ramsey]

Hey. Sorry for the interruption. This is important. No one likes to think about dying, but one day your family will have to deal with everything you Leave behind. So the question is, will it be easy or a total nightmare? That's where Knockbox comes in. Knockbox is a kit with 15 categories and clear instructions that give your family an organized plan so they're not sifting through old paperwork and guessing passwords and dealing with lawyers. So leave your family memories and instead of a mess, grab your Knockbox kit [e-mail] Ramsey for the best discount available. That's knockbox.com Ramsey where is the money?

[Rachel Cruze]

Do you know?

[Caller]

He's got it.

[Rachel Cruze]

And how long, over what period of time did all of this happen?

[Caller]

Well, I accidentally came upon the house being listed on Zillow when I was looking at land prices in that area. I saw the house that my father in law built on Zillow when this has been going on a little bit before the house sold in October. So a couple months before that.

[Rachel Cruze]

October of last year. 2024.

[Caller]

Yes.

[Rachel Cruze]

Okay, so when that happened, did you guys go to him and say, oh, so you just sold everything? Like okay, so you're going to divvy it up three ways. And then he said what?

[Caller]

Well, he is not talking to us. He won't answer calls, he won't return anything from his lawyer. And we found out that the only thing that his lawyer has for us is a Cashier's check for $5,000.

[Rachel Cruze]

And you said what's this for? And he said what?

[Caller]

They didn't, they didn't say.

[Rachel Cruze]

And so then did you then go to whoever the lawyer was who first, you know, read the will and said this is the executor. You went to him and what did he say?

[Caller]

He, the my brother in law won't return any phone calls to the lawyer.

[Rachel Cruze]

Got it.

[Caller]

Okay, so now you guys basically on the run.

[Rachel Cruze]

So you guys then need to go to a judge and say, hey, the executor of the will is not carrying out the wishes of the will and he is keeping all the money for himself? When the will clearly states, I feel.

[Dave Ramsey]

Like, yeah, he essentially committed fraud. So what you'd have to do is petition in probate court to force the accounting of this, force him to show up, force him to deal with this. I don't know, he may have spent all this money.

[Caller]

Exactly.

[Dave Ramsey]

So we just, I don't know that you're going to get what you're hoping to get out of it. I mean it sucks that this happened.

[Rachel Cruze]

Yeah. Over five years. I'm just trying to understand the five year play here because. And I don't want this to sound any Type of way. But if I know I have an inheritance from grandpa and grandpa died, you know, last year, I feel like I would have already known. Forget five years. I would be wondering, okay, when are we selling the estate? When are we getting the money? So I, I want to know more about that negligence. I'm, I'm not trying to.

[Caller]

Yeah.

[Dave Ramsey]

Say anything, but there's a lot of other pieces here that we're confused about. Like was the estate officially closed in probate court? What happened with probate?

[Caller]

Well, the house was my father in law's that he, he built this house on two acres. And it was just an agreement between all of us that we weren't going to do anything right away because.

[Dave Ramsey]

A written agreement or just a phone call?

[Caller]

No, no, just, just talking.

[Rachel Cruze]

Okay.

[Caller]

That we didn't want to set, we didn't want to sell anything because we would like one of the three of us to buy the other two out and keep the property.

[Rachel Cruze]

Got you.

[Caller]

Okay. But, but he went behind our back and we did. We knew nothing about the remodel, anything. He was still talking to us about how it would be awesome that we moved there and things like that. Completely lying to us.

[Rachel Cruze]

Okay. Okay. And what was your timeline for moving into the house? Because again we're talking five years. Was this like on, like what was the timeline in you all's mind for saying here's when we're going to buy you out. Here's when that's going to take place.

[Caller]

When I was looking on Zillow, we were getting prices for the land to find out how much the land was going for. So we knew how much to. We would be paying him for us to move back there.

[Rachel Cruze]

Here's, here's the reason I'm asking these questions. I'm trying to get inside of the brain of the, the son in law here. The only thought, because you're the only caller on the line, right? So the only thought that I could pull up in my brain is maybe this guy was thinking, hey, they said they're going to buy me out. They haven't bought me out yet. Who knows what's on fire in his life. Maybe he thought, whatever, they're not going to buy me out. I'm going to force the sale of this by just selling it myself. I don't know. I'm just trying to think what could be going on here because this is a extent, like five years is a big timeline here. So I'm trying to figure out what, what could have gotten lost in translation. Either way, I think the first advice we gave stands, which is you, you go in front of the probate judge and say, hey, here's what's going on.

[Caller]

And do, do you know if you have to pay an attorney to do that for you? Because the. That's, that's my main question. If we should pay attorney fees for such.

[Rachel Cruze]

Well, I would have gone through the attorney who was dealing with the executor, but it sounds like you can't find him and he's not talking. So now, yeah, I'd be calling up the, that circuit court or whoever, whoever you've been in contact with and saying, what do I have to do to get in front of a judge? I'm not a lawyer, so I don't know. And I've never had to deal with this. I say, what do I have to do to get in front of a judge? Because the executor of the will is not doing what the will says. And then go from there, I'm guessing. Yeah, it's going to cost you a.

[Dave Ramsey]

Little bit and it's going to cost you your piece, it's going to cost your time, and it's going to cost you your money. And so I would just tread lightly before you pursue this for the next five years, all to find out there's nothing there. And that's going to really add insult to injury here. So I would try to get all the evidence you can all do all the homework you can get all the family members you can involved, get a copy of the will, get documentation of everything you can, all the communication with him or lack thereof, and then see what happens. But it might be worth at least reaching out to an attorney to see what the next step would be. Create your free every dollar budget today. The simplest way to budget for your life.