Hi, thanks for your inquiry! I have been practicing Estate
law for 17+ years and have specific experience with issues like yours. That being said...
The will says "residuary estate" shall be divided among children. Does this include the house? To the extent that: The house is owned by the Deceased (your Mom) at the time of her death AND there is no document otherwise transferring it to another, AND, if the Will does not specifically give that property to someone else, it will be part of that "residuary" estate and be directed to be divided as per the terms of the Will.
My sister who is slightly nuts is insisting mom gave it to her. Without a deed where it was deeded to her, her claim means nothing.
Mom told me that we would get our share from the sister. If the sister owned it, Mom can't typically direct that. But if the sister in fact didn't own it, i.e. Mom didn't give it to her (which requires a re-deed OR a bequest in the Will).
She would divide the cost of the house among us other 3. I do not think there is a mortgage.
Does the will cover the house divide. The Will covers EVERYTHING that is passes through it. So, unless there is a reason you didn't mention, yes, the Will would typically cover a house or any other asset like that.
My husband says just to get on my sisters good side. I mentioned she is acting very greedy. I would imagine that if your sister is willing to lie about who owns the house, she is certainly not going to share it as she should because you behave nicely to her. Sad, I know.
What do I do? I'd let the executor know that IF he doesn't ensure that the WILL is complied with, and that any property legally and 100% owned by the Mom can not then be owned by the sister - as such, he must pass it as per the Will. If he does not, you will be forced to have the probate court have him removed and held personally liable for any losses suffered by the Will beneficiaries due to his unwillingness or inability to properly handle his very LEGAL duties that arose when he accepted the responsibility of the the position of Executor, answerable to the probate court.
With regard to stolen jewelry, if you have sufficient evidence to back that up, the Executor has a duty to sue her for the jewelry return or value. Moreover, if he left that jewelry unprotected after your Mom's death when he was liable to protect all estate assets, he can potentially be held liable if he was negligent in allowing it to be stolen. If he refuses to do so, it may be that he and she are sharing in the stolen booty...... or not, but something to consider, given his apparently refusal to take action against the theiving sister. He may be interested to know that he could be subjecting himself to criminal prosecution if his actions or inactions are not merely negligent but intentional, in assistance of the sisters.
State (if USA): Alabama
What have you tried so far?: I told the executor, my brother, how she stole the jewelry. He acts like he will be doing nothing
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