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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 46577
Experience:  29 years of experience practicing law, including tax and estate planning.
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my mom passed away on June 5, 2012. My sister is executor

Customer Question

my mom passed away on June 5, 2012. My sister is executor of her estate. In March of 2010 my sister told me that we were both in the will, and that everything would be split between us.
I have not heard a word from her in over a year. My sister and I do not speak to each other (her Choice). The only time she spoke to me was before she put Mom into a assisted living facilaty. The day after she had put Mom there she went back to my mom's home and randsacked the whole place, taking money, jewelery, silver and anything that was of any value. She asked me what I wanted, but I only was given things that my sister did not want.
While my mom was still alive I asked her for a loan of $1300. I wrote on the check that it was a loan. I wanted to pay her back, but I didn't have the money and I explained that to her. She said to forget about it and just take care of myself.
My sister also told me that "SHE" was paying all of Mom's bills and had all the receipts, and that she would be getting all that money back, and there would probably be nothing for me. Is that legal. I've always told my son that I think she has taken my name off the will.
My Mom had invested with Morgan-Stanley, and I did get quite a bit of money from that.
Perhaps my sister feels that the rest of Mom's estate is just for her. What kinds of rights do I have? I am 3 1/2 years older than my sister. If you could give me some advise or tell me who I can contact, I'd really appreciate it.
I live in Pa, while my sister lives in NJ.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. The estate and its assets are not your sister's personal piggy bank. Your sister, as executor, has a fiduciary duty to each beneficiary and each beneficiary is entitled to a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate, you can file to have the executor removed for breach of fiduciary duty. If there is any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. There is no reason that a typical estate should not be finalized within a year's time. Given your sister's stance, if I were you I would file the petition I referenced above with the probate court in the county in which your mom resided at her death seeking your sister's removal as executor, a full accounting of the estate assets and all money in and out of the estate, and an award for actual and punitive damages for any money misappropriated.



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Richard, Attorney
Category: Estate Law
Satisfied Customers: 46577
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 6 other Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
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