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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33703
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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As executor of my Mother's will, I have gone through probate,

Customer Question

As executor of my Mother's will, I have gone through probate, and on July 23, 2015 the settlement is final. I have a sister that lives next door to my Mother's house, and her daughter lives in my Mom's house which she is making payments on. They have been fussing and fighting back and forth, and now my sister is posting things on Facebook that I stole her daughters inheritance. This comes from an old will that my sister found of my Mother which she did not sign and is a draft. My sister took the drafted will to an attorney since it states my sister and her daughter were to inherit the property. Of course the lawyer told her it wasn't good since it was not signed. My Mother made a new will in Oct. 2014 making me executor, and there was no contesting of the will I probated. Legally can I sell the property and share the money with my sister since the will says share and share alike between the two of us. I live in Ga, and my Mother lived in WVA. My sister is extremely angry, and she overdosed on drugs years ago so she hasn't been in her right mind in over 30 years. She and her daughter have lived with my Mom and Dad all their lives since they had to take care of them with all their problems. There was elderly abuse from my niece before my Mom passed away which was reported to CPS. Nothing was done at that time. Now it's a huge mess, and I'm really tired of the going back and forth with all the cussing which is something I can't live with much longer. Is there anything I can do to sell the property? I have spent over $800, and I would like to get reimbursed. Any help would be greatly appreciated. Thank you.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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"" Legally can I sell the property and share the money with my sister since the will says share and share alike between the two of us.""
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Yes, as executor you have the power to dispose of estate assets and them divide them according to the terms of the will. The "share and share alike" provision is just a throwback to historical language that means an equal division.
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As for your costs, you are entitled to be reimbursed from the estate for any expenses that you incur in the administration of the estate. You just have to submit your receipts or invoices for the expenses along with your other debts or bills and the you reimburse yourself out of the estate bank account once you liquidate assets and deposit them in the bank.
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thanks
Barrister
Customer: replied 1 year ago.
Since I live in GA, can I set up an estate account here rather in WV where the property is located.
Expert:  Barrister replied 1 year ago.
No, you have to set up a probate account in the state where the estate is being probated. So the estate account would need to be set up in WVA, but they can make your mailing address your home address in GA for any statements. This is because the state where mother passed is the state that would have jurisdiction over the probate case and any assets located within the state.
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thanks
Barrister

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