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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102369
Experience:  Fully licensed attorney in Texas in private practice.
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I am a beneficiary on my mothers will and I refuse to sign

Customer Question

I am a beneficiary on my mothers will
and I refuse to sign the final accounting .
Would this stop the closing of this home?
I feel I was defrauded by my sister and want to sue her she kept me in the dark for a year and I didn't get any of my moms assets.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
My sister emptied the home and didn't give me a thing of my moms and failed to communicate with me and
her lawyer threatened me when I asked him for information on the accounting list and the assets. I asked to see
the contract because it has been in contract for 6 months and when I asked him when the closing will be he
doesn't give me exact answers, first he said may and then may turned to april so he is being dishonest with me
and I also know my mom had alot of valuables in which I wasn't offered anything, I am on the will as to receive a third
and didn't get anything from my sister she his the valuables. At this point I am frustrated and I'd like to know how I can
stop this before her EXECUTER job is complete because I feel she did not do the right job in managing this estate,
she stole from it. What is my best bet? Please help
Thank you
Customer: replied 1 year ago.
By the way I live in NY. She dragged her feet on the contract and I've asked to see the contract and the
lawyer ignores me that's representing her. Please tell me my rights and what I can do because I have
no definite answers but she stole all the valuables instead of adding them to the accounting list and she has not
spoken to me this entire year. She ignores my emails, and her lawyer is a family friend and I feel very unsafe
because he has given me false information in the past, even tried to make me sign a waiver in the beginning
in which I refused . What should I do to get my third as my mom intended if everyone refuses to speak to me.
Can I stop the closing? Where can I go for help? I am very upset that she would disregard my moms wishes and
try to make the estate cash poor. She is doing this because she does not want to give me a dime.
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If the beneficiary refuses to sign the final accounting, the Executor has the right to go to the Court and get the final accounting approved by the Judge anyhow. (If so, the beneficiary - you - would be notified of the hearing and can come and contest it).

The beneficiary may also ask the Court to censor the Executor and/or have them pay back any money stole and/or removed from the position if the Judge feels it is necessary.

Finally, the Executor may be used in a separate civil action for fraud, negligence per se, and other related causes of action for assets/money that they took without proper authorization and which was never restored to you.

So if someone in your situation wants to "stop" the closing, one may then refuse to sign the final accounting and force the Executor to go to Court for this, at which time the Court may hear your grievances. In addition, one can sue the Executor in a separate civil suit as explained above.

You would need to get an attorney to do this, I am afraid. I can provide some pro bono links in NY that can provide some limited legal services free of charge but they may or may not take the case. Reply and let me know if this is something you want.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.