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Question

9 sibling beneficiaries to our Dad's estate currently in informal probate (CO). A sister had a loan with Dad for $15,500 but now claims she only owes the estate $953. This is highly suspect because she is always in need of money. The executor is another sister who is very close to the one with the loan and she refuses to address concerns raised or produce any documentation to support this highly suspect loan balance. Can I submit a letter to the probate court without an attorney re: this issue?

Submitted: 135 days and 9 hours ago.

Category: Estate Law

Value: $30

Status: CLOSED

Posted by Loren Stone 135 days and 9 hours ago.

Answer

You can do better than that. If the executrix is not acting in accordance with the fiduciary duties owed to the estate, you, as an interested party, may petition the probate court to force the executor to address the loan or have the executrix removed and replaced. It is not something you should attempt to do yourself so before taking any action, I urge you to consult local counsel to assist you.

135 days and 9 hours ago.

Reply

Thank you very much! One more question please - if the majority of sibs don't care about the loan balance, can I still pursue accountability through the court?

Accepted Answer

It is not up to the siblings to decide on the validity of a claim. It is up to the executor. The executor has a fiduciary duty to diligently pursue assets owed to the estate.

Expert:	Loren Stone
Pos. Feedback:	100.0 %
Accepts:	311
Answered:	11/5/2009

Attorney

Over 25 years of practice in business, real estate and general commercial law.

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