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Me and my sister are named co executors in my step mothers…

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Me and my sister are...
Me and my sister are named co executors in my step mothers will we also are the only ones to get anything she had no children of her own. We didn’t think there would ever be a problem since we are very close and I already have been supporting her financially for 15 years.unfortunately we had an argument and she called the police and tried to have me arrested. The police told her there was no family violence and made her leave my house and go to her daughters. Since this happened she is now saying a lot of crazy stuff so it’s not going to be possible to get along like before.
Me and my husband have been paying for everything for upkeep and bills and a few other things on the 2 houses that are in the will on the agreement that she would pay us back her half when she got her money out of the investment account but it adds up to quite a bit she contacted me and wants to meet and sign paperwork so she can now get her 50,000. Out of the investment account. My only problem with that is that she owes us money and if I just sign the papers there is no way for me to get the money back that she owes. We also have some other stuff that has to be dealt with. So I’m not sure how this could be dealt with if I can just get her to sign something saying she knows she owes and will pay it back or it can be taken out of her half of the estate or if I need an attorney or a mediator or what I need to do.there is also a lot of other stuff going on that may have something to do with the way she is acting but because she is acting like this I can’t trust anything she says or does
Submitted: 4 months ago.Category: Estate Law
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Answered in 25 minutes by:
12/1/2017
Estate Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Estate Law
Satisfied Customers: 2,043
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your estate law question today. I'm attorney Bill offering assistance.

I see you and your sister have been appointed co-executors of the estate and have come to disagreements in relation to other personal matters and debts.

Your personal differences and loans should be separate from your duties as executor to manage and close the estate of your mother.

To this end the probate court can order one of both executors to file a full accounting with the court and even order the removal of one or both executors.

To this end to ensure the estate is managed and closed expediently, you can file a petition with the court to request your sister account for any monies taken or for her removal as co-executor if her actions are slowing up the probate.

In relation to personal liabilities that your sister owes you; these would be contractual and you could sue your sister for breach of contract in the small claims court or general civil court.

After a full accounting the probate court can order that your sister reimburse the estate funds that she held in a fiduciary capacity.

We are here to help, so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

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Customer reply replied 4 months ago
The only money we are wanting to recover is the ones having to do with the estate.
Estate Lawyer: Bill Attorney, Lawyer replied 4 months ago

As a co-executor you must manage the assets of the estate for distribution and file a closing account with the probate court. If there is an unreasonable delay or holding up the remedy is for removal of an executor by application to the court by petition and/or for a current accounting to requested and ordered by the court.

So if you can't sort this out with your sister you will need to file a charge with the probate court.

We are here to help, so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

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