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Roger, Attorney
Category: Family Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My 80+ year old parents named me the executor of their will ...

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My 80+ year old parents named me the executor of their will nearly three years ago. My older sister was previously the named executor but for reasons that my parents had, they felt I would be better suited to executing the conditions of their will. Since that happened, my sister has been waging a "war" against both my parents and me. She has been acting the "injured party" and spreading lies about both me and my parents to our youngest brother and all her and his children (my parents grandchildren). Unfortunately, they believe her and have entered into the act of harrassing my parents with nasty letters, phone calls, and generally staying away until, and unless, my parents rename my sister the executor or at least name both my sister and younger brother as "advisors" to me as the executor. The harrassment is all over their "money" because my parents have been extremely generous to all of them over the years but have since stopped the free flow. How can be done to stop this harrassment?

Your parents could certainly file misdemeanor harrassment charges against them and allow the court to enter a temporary restraining order against them - this would prevent any contact (face to face, verbal (phone) or written). However, because it is your family, you may not want to go to this extreme.

Another option is to have your parents (or their attorney) write the siblings a letter indicating that their mom and dad are disgusted with their actions and if they do not cease their actions, a codicil (amendment) will be made to their wills excluding them as beneficiaries.

It is perfectly legal to intentionally exclude a child from a will (you can't do this to a spouse).

If that does not cool them off, then you may have to seek the restraining order.

Customer: replied 8 years ago.
Reply to Adam Kirk's Post: Thank you for your response - you have no idea how upsetting this has been to both my parents and myself. To know that money means more to family then relationships. Just two related questions: Since it is my parents estate, can't they do whatever they want with it? Why do my siblings and their children feel "entitled" to their estate? I am also very concerned over the types of writtent communication that my sister and her daughter have issued...they defame the character of my Mother and myself, extremely viscious stuff. We have kept all of it. Will it help if we have to resort to obtaining a restraining order?
Customer: replied 8 years ago.
Are you still on line? Please just respond to my last set of questions...especially the defamation of character issue. Are they lible for their statements? Respond and I will accept and pay what is in my account for you have been helpful to my concerns.
Thank you.

Sorry for the delay. I stepped away for a few minutes.

Yes, your parents can do whatever they want to with the estate and give it to whomever they want!

All children probably have a sense of entitlement to their parents estate. However, when it comes to threats and harrassment, they may be overstepping their boundaries.

Their statements can certainly get them in trouble for harrassment. They could also be charged with libel and slander if the communication is published/told to the public.

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