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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54330
Experience:  29 years of experience practicing law, including tax and estate planning.
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How do I collect what was left to me in my sister's will,

Customer Question

How do I collect what was left to me in my sister's will
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
Customer: No just the executor...my sister's son
JA: Anything else you think the lawyer should know?
Customer: It has been. One year since my sister passed on July 3 2015. /
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Estate Law
Expert:  Richard replied 7 months ago.

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!

Expert:  Richard replied 7 months ago.

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.

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