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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38219
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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My Mother passed away in April my sister is the executer

Customer Question

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
JA: Estate laws vary by state. What state are you in?
Customer: I live in WV the Estate is Illinois
JA: What documents or supporting evidence do you have?
Customer: Emails from my Sister telling me she is getting rid of most everything... She also has not provided me with any inventory
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have asked for a list of assets and she has not complied Do I need a lawyer?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

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.

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Who is she distributing things to?

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Is she throwing assets out?

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How long ago was she appointed as executor?

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thanks

Barrister

Customer: replied 1 month ago.
She is throwing things out
Expert:  Barrister replied 1 month 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.

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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.

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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.

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thanks

Barrister

Expert:  Barrister replied 1 month ago.

Hello again,

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

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Did you have any further questions I can help with?

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Thanks much

Barrister