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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40977
Experience:  Texas lawyer for 30 years in Estate law
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My sister was pick to be fiduciary I was told in court I can

Customer Question

hello my sister was pick to be fiduciary I was told in court I can not be fiduciary because I live in state Indiana, mom left me to be BENEFICIAR over her life insurance moms estate we sisters agreed to split up moms furniture she will not give me noting she put everthing in storage who talk to her lawyer what do anything about it should I get lawyer to represent me how can I get assets to my mom estate for her bank account I like see if my mom copies that she paid a small firm service for a legal will I don't trust who over my moms estate I she will over look that will I need help
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

I would consider your own lawyer here to raise these issues with probate judge.The sister can be removed here as executor for such violations of her fiduciary duties to you.The lawyer can seek to be appointed and a court ordered accounting.The lawyer will make sure your share is protected, that the executor is removed if they have engaged in self dealing and breaches of her duties.

It is critical that you do this as soon as you can here, sister appears to be up to no good and assets may disappear.It is possible to sue the sister for any lost or misspent assets.

Lawyer referral for you here.

I appreciate the chance to help you today.I am so sorry that you are having to go through this.You have rights here through your lawyer and the courts.

Expert:  RayAnswers replied 1 year ago.

Your lawyer can seek to remove sister and appoint your lawyer here as executor.

2113.18 Removal of executor or administrator.

(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate.

(B) The probate court may remove any executor or administrator upon motion of the surviving spouse, children, or other next of kin of the deceased person whose estate is administered by the executor or administrator if both of the following apply:

(1) The executor or administrator refuses to bring an action for wrongful death in the name of the deceased person .

(2) The court determines that a prima-facie case for a wrongful death action can be made from the information available to the executor or administrator.

Customer: replied 1 year ago.
can you please call now thank you
Expert:  RayAnswers replied 1 year ago.

Thanks I can do extended chat time and answer all your questions, not set up for phone call, will send you an offer..

Expert:  RayAnswers replied 1 year ago.

If you can positive rate here be happy to follow up with you, thanks.