What to do if my sister is the executrix of my mother’s Will, but she has refused to disperse the property my mother left to me and my son?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my sister is the executrix of my mother’s Will, but she has refused to disperse the property my mother left to me and my son?
Can my son place a lien on the house my mother left him? It is now going into foreclosure because my sister refusing to inform the bank of who the house was left to and the bank is refusing to talk with anyone but my sister.
Asked on September 11, 2011 under Estate Planning, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss and for the problems that you are having. You need to get legal help as soon as you possibly can because it is obvious from what you have written here that your sister is in breach of her fiduciary duty to administer the estate of your Mother as she wished. And is in a way dissipating assets of the estate by allowing them to fall in to foreclosure, etc. You will need to challenge her and to remove her as executrix. It will cost you money and it may or may not be recoverable from er personally. But that is the only way that I see at this point to protect your inheritance. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.