Q: How should I proceed?
Over a year ago my mother passed. My sister, who resides in my mother's house; was named (executor?) It was agreed that after some minor improvements were made we would market the (my mother's) house which is left to 3 surviving children (my self and 2 sisters). It is now clear that my sister who resides in the house has no intention of leaving and no intention of putting the house on the market hence, holding my inheritance and my other sister's inheritance hostage. I asked her more than once to produce a copy of my mother's will and an accounting of the estate and she refuses to do so. She told me to."GO F%*k YOURSELF!" when I demanded that she produce these documents and that I "BETTER GET A LAWYER". I have been advised that she is in violation of her responsibilities as executor and she has not filed a will yet (as far as I know) and that she may owe tenancy to the estate under "property gains"(?) Unfortunately I can not afford to hire a lawyer. What recourse do I have?
A: Try to find an attorney willing to take the case on a contingent fee. You would apply to the probate court to have yourself or some other person appointed personal representative. You could also institute appropriate discovery procedures by which you would attempt to get her to turn over the will to you. You would do that so that you could sell the house and otherwise administer the estate.
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