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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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My sister has resented my mom choosing me to be the executor

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My sister has resented my mom choosing me to be the executor of her estate from the time the will was read and even said so. She has made a hard job very difficult. She crosses me at every decision and blames me for anything that goes wrong, like a break-in. Now, almost all the hard stuff is done so I think she is going to want to oust me so she can take control of my mom's large jewelry collection and make sure she comes out on top of that. She just took my dad's two rings and had them appraised far below value and took the amount out of her compensation. She's going to do it with mom's, too.
Dear JACUSTOMER - If you are the legal executor appointed by the probate court then your sister has no power to take control unless she files an action with the court to have you removed. You can keep the jewelry and other property in a safe place and you can have it appraised and sold or distributed. I'm not certain how your sister gained control of the rings but as the executor you are responsible for the property and you need to keep everything in your control or possession until the estate is closed. So you simply have to tell your sister she is not permitted to sell anything or so anything with respect to the estate and that everything must go through you.
Customer: replied 4 years ago.
I failed to mention that she is the executor my Dad's estate. She didn't even tell my brother or me about the rings, instead, had them appraised, and in the settlement statement, had the undervalued amount taken out of her compensation, and simply said she was keeping them. She would sue me or worse if I did Mom's that way. Can I have a professional jeweler divide them three ways as fairly as possible and just hand her a sack? She did a coin collection of my father's just exactly like that, but, the person dividing them was not a professional. Thank you for your answers and advice. Sincerely, Donna
Anything that was in your father's estate and that has been distributed would not be relevant to your mother's estate and if your father's estate has been closed it would be too late to challenge the value of the property. If your father's estate is still open you can file an objection in the probate court as to the appraised vale of the property but once the estate is closed and the property distributed then it is too late to change what happened.
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