Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My Mother passed away in April my sister is the executer…

Customer Question
My Mother passed away...

My Mother passed away in April my sister is the executer everything is to be divided equally between us however; my Sister has been disposing the contents in my Mothers home without my consent

Lawyer's Assistant: Estate laws vary by state. What state are you in?

I live in WV the Estate is Illinois

Lawyer's Assistant: What documents or supporting evidence do you have?

Emails from my Sister telling me she is getting rid of most everything... She also has not provided me with any inventory

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have asked for a list of assets and she has not complied Do I need a lawyer?

Submitted: 11 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
9/6/2017
Estate Lawyer: Barrister, Attorney replied 11 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,036
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Who is she distributing things to?

.

Is she throwing assets out?

.

How long ago was she appointed as executor?

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 11 months ago
She is throwing things out
Estate Lawyer: Barrister, Attorney replied 11 months ago

Ok, then if she is disposing of trash that is allowed, but if it is items that she simply doesn't' want to deal with, that is not and she would be obligated to offer them to you first if she didn't' want them and wanted to dispose of them.

.

You can file a "motion to compel" in the local probate court where the case is filed and ask a judge to order her to not dispose of anything else in addition to filing any inventory that is required by state law. Under IL law, she has 90 days from the time she was appointed to file the inventory with the court.

.

I would suggest that you immediately send her a certified letter stating that you will hold her liable to the court if she is disposing of personal property owned by mother without first offering it to you if she doesn't want it. That will put her on notice and could make her think twice about continuing.

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Estate Lawyer: Barrister, Attorney replied 11 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,036
43,036 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

43,036 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My father recently passed away. He was married to my
My father recently passed away. He was married to my step-mother. They had a Family Trust. At my father's passing, a Trust was established in his name. The beneficiaries of the trust are myself, my si… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
My mother passed away in Charleston, WV in January and had a
My mother passed away in Charleston, WV in January and had a will that splits everything equally among 3 adult children. She had checking and savings account with around $160k in, and my sister's name… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My father's trust only list my sister as executor me as
My father's trust only list my sister as executor me as Co executor and does specifically list beneficiaries she sent an email saying his wishes were for her to split everything equally. Question is w… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,036 satisfied customers
Five months ago my sister was given power of attorney to handle
five months ago my sister was given power of attorney to handle my mothers finances One month later my mother suffered a stroke. The condition meant that she needed to be placed in a nursing home. Two… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,036 satisfied customers
My mother passed away October 6th 2014. She assigned my
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/h… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,036 satisfied customers
My sister was executor to my brothers estate. My brother passed
My sister was executor to my brother's estate. My brother passed away May 2 20014. Since then she took about 90% of my brother's furniture in Payson AZ. she took a 2009 Large Toyota Tundra, also 1989 … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am the conservator of my mom, who was an alzeihmers patient
I am the conservator of my mom, who was an alzeihmers patient in Fulton County GA. Mom passed away earlier this week. She had no will. I have two accounts for her, one is a burial account that was fun… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,036 satisfied customers
Our mother passed away in June 2013. Our sister ( 3 siblings)
Our mother passed away in June 2013. Our sister ( 3 siblings) is the executor of our mother's estate. Our sister is not communicating with us on the status of the estate, keeps threatening me and our … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My husbands mother passed in Dec 2011. She left a will naming
My husbands mother passed in Dec 2011. She left a will naming My husband and her sister as owners of her home to "share and share alike". The man she lived with for 25 years has daughters that found a… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My mother passed away a month ago. She left an IRA which she
My mother passed away a month ago. She left an IRA which she got as a divorce settlement this past October with 4 named beneficiaries. My sister is the executor of her estate and is worried about havi… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,522 satisfied customers
Hello, My mother recently passed away. She left a will instructing
Hello, My mother recently passed away. She left a will instructing her assets be divided equally between her 4 children. My sister is Executer...she found 2 CD's in my mother's name with some of her c… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My mother passed away 10/5/2010 in Georgia where I live. Her
My mother passed away 10/5/2010 in Georgia where I live. Her will was written in New York and stated that all assets be divided equally between her 4 daughters. My older sister is executor of the will… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
What options do heirs have when a personal representative disposed
What options do heirs have when a personal representative disposed of personal property, sold a car, and lied to the estate attorney about the heirs? I would describe him as controlling and secretive.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Westchester County, State of New York. Im the executor
Westchester County, State of New York. I'm the executor of my mother's will. Her estate went to probate. The surrogate court issued Certificates of Voluntary Administration for her checking account an… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My mother-in-law died 1 year ago & were now reviewing her
My mother-in-law died 1 year ago & we're now reviewing her will which gives a disproportionate share to my wife's sister & seems to exclude some of the entire estate. We'd like to have a lawyer review… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Time sensitive / Probate hearing April 27 I would you like
Time sensitive / Probate hearing April 27? I would you like your input and support regarding a hearing”Petition to determine succession to the real property” of a long time companion to my mother. 7/1… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
What can I do to protect my inheritance left by my mother
My mother just passed away. My sister is in control of her estate as executor. She says it will take a year to dispose of my mothers assets. There is a large amount of cash that she has control of in … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My sister has power of attorney over my fathers affairs. His
My sister has power of attorney over my father's affairs. His will states that everything will be divided equally between my sister and me. When my mother died my sister disposed of the house and cont… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x