Q: My husbands two older sisters are not complying with there dads will anymore. what kind of attorney does he need?
My husbands father passed away in 2012 left a will. My husbands two older sisters and him had went to court over the will to determine an establish it back then. His two sisters, one being executor of estate, they no longer are complying with the will as it is the property was said to be divided into thirds. His sister that lives on the property will no longer allow him on the property or to access his belongings as he used to live there and his sisters boyfriend is that lives with her is causing a lot of trouble. What can be done about this situation and what kind of attorney would be needed? Any advice or information is truly appreciated. My husband knows he is entitled to his share of that property one way or another as the will states, he has his own copy of it.
A: If the executor is not doing her duty, which is a fiduciary or good faith duty to put other beneficiaries' interests first, any beneficiary may bring suit, hiring a probate litigator. A first step might be to demand an accounting, which any beneficiary can do 18 months after the executor is appointed.
A: Seek assistance from a local probate attorney. There might be grounds to file for a sale and partition of the home.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
