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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111605
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My mother-in-law appointed my husband and his sister co-executors

Customer Question

My mother-in-law appointed my husband and his sister co-executors of her estate. She is 93 and living in her own home in TN, but needs daily care. My sister-in-law, however, is an alcoholic. Yesterday, in a drunken rage, and in front of hospice care nurses, she attacked my daughter. The social workers say that she should not be allowed to care for my mother-in-law or be alone with her. How can we MAKE her leave, if she is co-owner of the property, and also in charge of my mother-in-laws finances?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, just because she is an executor, that gives her no power until your mother in law dies.
So your husband needs to go to the TN court and get a court ordered guardianship and power of attorney over his mother, which will take away her control over the finances. Once he gets that, then he needs to file for a restraining order against the sister to keep her away from the mother in law and also to ask the court to order her removal as executor based on her unpredictable violent behavior.
I am afraid that is your husband's only choice if he wants to protect his mother.