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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My sister refuses to finish paying money to me and my brother

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My sister refuses to finish paying money to me and my brother that came from my mother and fathers will.She has 24k that is supposed to be paid to the three of us. She kept 60k to pay back taxes and paid 36k for that purpose.The trust says that she is to administer the trust the way it is written but it has been more than a year. How long can she wait on this and what are my options if she does nothing ?

Dear JACUSTOMER - If the debts of the estate have all been paid then she should pay our the money and close the estate. You would have to file a suit in the probate court to have her removed as executor or trustee and have the court appoint another representative of the estate. There is no reason to just keep an estate open once the bills are paid and if the taxes are satisfied and thee are no other creditor claims then there is nothing else that would need to be done to close everything out and distribute the money. I can't tell from your facts if any reason has been given by your sister as to why this is being delayed so I can't comment on whether the reason is valid. Under normal circumstances the money should have been distributed so you would need to take action in the probate court and have the court order the funds paid to the heirs.
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