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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37061
Experience:  Texas lawyer for 30 years in Estate law
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My elderly father died a few months ago and my mother, who

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My elderly father died a few months ago and my mother, who is becoming senile, inherited his estate in CO. I am named executor of her estate. Recently my sister has been taking expensive items from the home with permission from my mother. This includes my father's antiques, coin and gun collections. She intends to give them to her children. According to the will she is not entitled to any specific items or proceeds but can have some of the residual items if we agree. Her children may have a portion of the proceeds after death. Is this a way of going around the intent of the will? Is it legal? I do not feel it is fair and equitable.

Thanks for your question and good afternoon.My sympathy here for your situation and dilemma.

You should consider your own lawyer here to seek to replace your mother as executor.She has not fulfilled her fiduciary duties and she may be replaced.Since she has become mentally unable to carry out her duties to protect the assets of the estate and the other heirs here a change is needed.

Once she is replaced if you are named executor you may have your lawyer demand return of the items that belonged tot he estate and sue if necessary.As you state these are property of the estate and are distributed under the terms of the will with court approval.The mother here is not legally able to gift these items if she does not have sole legal title.

You have remedies to both replace her and recover these items.I realize this is family but the others here are taking advantage of her and the court should be advised.

You can locate your own lawyer here.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CO

I would consider your own lawyer to take action here as soon as possible before more of the estate is looted by the others.I am so sorry you are having to go through all of this.I appreciate the chance to help you.Please let me know if you have more follow up.Thanks again.

 

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