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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54330
Experience:  Attorney with 29 years of experience.
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My father passed 10/13/15 in Florida. I live in NY. My

Customer Question

My father passed 10/13/15 in Florida. I live in NY. My estranged sister is in charge of his will which is to be divided equally among my siblings and I. How do I make sure that she honors his will ? She has already disregarded his wishes for a wake and church mass !!! Everyone knows what his wishes were. He is very religous. So all he got was a burial PERIOD in NY where he already had his plot puchased long ago. I am sick and disgusted that she did that. She has already maxed up ALL his credit cards (after he passed) with a nice spending spree to NYC. Her personal charges should not be deducted from me.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

First, let me tell you how sorry I am for the loss of your dad. Having lost my own dad a few years ago, I know what a difficult time this is. I will certainly keep you in my prayers!

With regard to your specific question, the estate and its assets are not your sister's personal piggy bank simply because she's the executor. As executor, she 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. If she fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the surrogate court to have her removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor 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 the executor. 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, including keeping you informed of the progress, 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). I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.
This kind of helps but anything directly coming from me is a joke to her and I'd rather go straight to legal action.I'm 2nd executor in his will if she fails to honor his wishes. His will states clearly where he is to have the mass & viewing. She already "stole" a few 100 thousand from my mother. She said it was lost in the stock market but will not show any statements. There's so more bout her but for now I need to stop her before she starts hiding all of his assets. I want no direct contact with her ! I am trying to find a attorney in Pasco County FL and no one has responded to my emails. Can you refer someone ?
Expert:  Richard replied 1 year ago.

Good morning. And, thanks for following up!

Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school.