Estate Law Questions? Ask an Estate Lawyer.
Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!
The estate and its assets are not your sister's personal piggy bank simply because she's the executor. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. Since it's now been almost one year without the estate being closed, you can file a petition with the probate court to have her removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if she has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against your sister. In your situation, I would put her on written notice by certified letter of the foregoing and let her know if she does not satisfy his fiduciary duty to all beneficiaries in the administration of the estate by closing the estate and sending your money to you within a short specified period of time, you will be filing the petition with the court to have her removed and be asking the court to order an audit of the estate.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!