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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37097
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother passed away October 6th 2014. She assigned my

Customer Question

My mother passed away October 6th 2014. She assigned my sister the executor for her estate. There are 4(1 girl & 3 boys) of us siblings from my parents union. The trust indicate that if the property/home is sold then the value will be equally divided between the 4 siblings. After my mother's funeral my sister never informed me of what was going on. A lawyer contact me asking if the estate is sold would I want my share directly or kept in the trust. I said I would like to have it distributed to me. This was about January 2015. Shortly after that my sister called to ask if I had any objection to her daughter purchasing our parents property. I told her I didn't have any objection as long as it's fair market value. April 2015 I contacted the lawyer to see if there was any progress with my parents estate sale. The lawyer indicated that my sister should be the person to answer that. A week later my sister calls upset at me. She thought I was accusing her of not handling my parents estate. I don't know what is going on because she has not given any financial account or details since the passing of our mother. She only called once to ask about her daughter purchasing the property. I asked her has the property been appraised. She said not yet . then she went on a tangent of - am I accusing her of doing something wrong and why don't I ever send her some money for flowers for our parents grave. Is there a time frame that the estate sale should be finalized. I said yes to my niece purchasing the property but what if someone else would like to buy it and may bid more. If my sister is not appraising the property is that not delaying matters. What are my choices to get this going? I just want my share and I think this sale is taking a bit longer than it should.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me when the probate case was actually opened?

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Have you sent sister any written requests for an inventory of assets and any initial accounting?

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thanks

Barrister

Customer: replied 1 year ago.
Is the probate date the date she became the executor? If so then it's when my mother passed - October 6,2014. I have not sent her a written request. I just thought she would keep us all informed.
Expert:  Barrister replied 1 year ago.

Not exactly. It would be the date that she filed a probate case to open the estate and appear in front of a judge to be formally appointed as executor.

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Do you think it could be in January when the attorney contacted you?

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Barrister

Customer: replied 1 year ago.
The trust was set up June 4,2009. If mother passed my sister would be the trustee and if something happens to her then her daughter would be the next trustee. My sister put in a petition for ammendment of land court certificate of title no.952.991 and order on May 5th 2015. Have no idea what that means.
Customer: replied 1 year ago.
I think its the May2015 date she appeared in court.
Expert:  Barrister replied 1 year ago.

Ok, then in HI, there is a 4 month "creditor claims" period where any creditor can file a claim against the estate for payment. So if it was May when she filed, then that period wouldn't expire until sometime in September. No executor would distribute assets prior to this time expiring because they could be personally liable for any debts if they distributed assets and then a creditor filed a claim.

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With that said, you have a right to a copy of any inventory of assets that was filed with the court. So you can send her a certified letter requesting an update as to the status of the estate and for a copy of the inventory so you know what is in the estate. An executor has a duty to keep beneficiaries reasonably informed as to the progress of the estate so she would have to comply. If she didn't, you could file a "motion to compel" in the court where the case was filed to force her to appear and explain to the judge why she was violating her fiduciary duties to the beneficiaries.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you for your help!
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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