Q: My sister and I are co-executors and co-trustees for my Mom's estate. How can you get a co-executor to move forward?
My daughter and I have taken care of my Mom for the past 9 years. She lived in assisted living; however, we paid the bills, took her to dr. appointments, did her taxes and ran errands. We spent a lot of time with her. My 4 siblings would visit her maybe once a year. My siblings became upset with me for asking them to come see her more. My Mom passed away in March and my siblings are being very difficult. My co-executor sister wanted to use an attorney that was just arrested with 5 felonies including dipping into someone's trust. He took over $320k. She is refusing to do anything to move this forward. The estate consist of 2 annuities, a small life insurance policy and a bank account of Mom's that I've been on for years. My Mother's wishes were to divide the estate 5 ways. Easy! Over the years, my daughter has furnished my sister with quarterly statements. She told my siblings that she has received nothing which isn't true. How can I get this settled and move on.
A: My condolences for your loss. You should seek your own attorney to represent you independently of your sister co-executor. Attempting to complete administration without counsel, especially under the circumstances you are now facing, is not something that you should try.
1 user found this answer helpful
A: There are a number of options available to you, but you most likely would need a lawyer to help you. One option is to go to court and have the co-trustee removed. Another option is for a lawyer to send a demand letter telling your sister that she has a legal obligation to act as trustee and, if she refuses, she needs to resign or you will seek to forcibly remove her through a court order. I'd say you could write the letter yourself but she hasn't listened to you thus far, so you likely need assistance getting your sister to move. Best wishes!
1 user found this answer helpful
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.