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My sister is the excutor of my father's will which had

My sister is the excutor...
My sister is the excutor of my father's will which had passed 5 years ago and she has been spending money and never paid my father's funeral . Also the sale of everything my father had is still sitting in the his garage . Myself and two other brothers ever receive and notice on bills paid or what happened to his estate. Also she sold my father's truck before the man died . My father had expensive guns in his house when we went in the house they were all removed and my sister said I don't know what happened to them what can be done since the three of us don't want anything to do with her. She also has us in libo with my father's house which he put in all our names she has her daughter living there . The house was not part of the estate .
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Answered in 1 minute by:
1/14/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,084
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.

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Did she ever actually file a probate case to settle his estate in the local probate court?

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Is the deed to the house currently in all 3 children's names?

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What is your legal question that I can help with?

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thanks

Barrister

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Customer reply replied 7 months ago
she filed a probate in court but the paper said the estate was worth 4000.00 . She had stocks that were worth at least 8000. She had a gun that was worth around at least 5000 . My father has a garage full of tools and a jeep worth around 2000. The garage with all his tools and a lot of old stuff maybe worth a good bit is still sitting there . She sold my fathers truck before he died which was part of the estate. We also had other guns that were in the house but had been removed and she said she don't know were there at . And last she had a bill for my father's funeral which she still owes 2500. The house is my name, her name and my other two brothers which was not part of the estate.
Customer reply replied 7 months ago
I got to go to bed check tomorrow for your answer.

Ok, thank you for all that information... But I still don't know what your legal question is.. You have to actually ask a question before I can answer it..

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If sister was executor, then she has a legal duty to sell assets, pay the debts of the estate, and then divide the rest according to what the will says.

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If she takes money herself that she isn't entitled to, she can be held personally liable to repay it. If the estate is still open, then any beneficiary can file a "motion to compel" to force the executor to appear in court in front of the judge and explain what is going on.

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But if the estate has been open 5 years and you are just now objecting to it taking this long, someone dropped the ball because a probate case should take a year at most to settle.

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thanks

Barrister

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Customer reply replied 7 months ago
Dropped the ball if you don't know the system how can you respond to what went on in the probate ? My question is if we the brothers had know idea how this worked then how can we defend our self . We never knew that you had to close the probate case and never received anything in writing by any court or a lawyer or our sister .

I just mean that someone should have asked anyone.. an attorney, a clerk, someone who had gone through this before... about how long it takes..

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If you don't know about something, you ask someone who does..

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But at this point, if the estate is still open then any of you can file a "motion to compel" with the probate court and force sister to appear in front of the judge and explain what is going on and why she is violating her legal duties to the court and to the beneficiaries in dragging her heels settling the estate.. The clerk of the court should be able to give you a sample of a motion to compel you can use to file..

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thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 7 months ago
Last thing I want to say I paid a lawyer to send my sister a letter to see if she was going to do anything in court with the estate but that lawyer never said anything . I paid him well for that service. Not all people understand the process so if we don't understand that process how can we know what to do. I can tear a transmission apart and put it back together months later would s lawyer know how to do that if he never done that before ..... Second I thought the executor had to make sure everything was to be protected and to make sure it was split four ways . My other question is what if she did not do her job who over sees that part . After you answer this I will rate and finish this . Thank You

Last thing I want to say I paid a lawyer to send my sister a letter to see if she was going to do anything in court with the estate but that lawyer never said anything . I paid him well for that service. Not all people understand the process so if we don't understand that process how can we know what to do. I can tear a transmission apart and put it back together months later would s lawyer know how to do that if he never done that before

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I completely understand, and if you had an attorney helping you, then that is the person who dropped the ball because he should have known the process and been taking actions to spur it along and get her to administer the estate in a timely manner..

Second I thought the executor had to make sure everything was to be protected and to make sure it was split four ways

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That is exactly correct.. But if no one is questioning what they are doing, then they can end up stealing estate assets if they are dishonest.

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My other question is what if she did not do her job who over sees that part .

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That is normally up to the court and the probate judge.. but only after someone raises a question about what is going on. The judge doesn't take it upon themselves to review the hundreds of cases that they preside over to make sure the executor is doing everything they should be doing.

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They rely on the fact that in most situations, a beneficiary of the estate is eager to get their inheritance and is pestering the executor to find out the status of the estate. Then if the executor is not moving things along, for a beneficiary to file a formal complaint with the court....namely the "motion to compel" I mentioned earlier that forces the executor to stand in front of the judge and explain their actions..

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So we circle back to what I said earlier... your recourse now, if the estate is still open (and you can call the court clerk to check) then you can file the "motion to compel", or have an attorney do it... to force sister to appear and explain her actions..

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thanks

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,084
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
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