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4ren6, Forensics/CSI
Category: Legal
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my sister is the exutrix of my fathers estate, which is not ...

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my sister is the exutrix of my fathers estate, which is not large, however he has been deceased for three years and my sister has not settled his estate. As a matter of fact i found out recently that she closed and moved an account that was in a Delaware Bank to Bank of America to a CD. And when asked whos name the CD was in, never replied. I had suggested that she place one of my brothers or me on the account with her in case something happened to her. As it is now, the remaining 4 siblings would have to go through her estate to try to claim my fathers assests. What recourse do we have to force her to liquidate the estate?
Submitted: 9 years ago.
Category: Legal
Expert:  4ren6 replied 9 years ago.
has she probated the estate. Read the will and paid the deceased debts.
Customer: replied 9 years ago.
My father had no debt except funeral, which was paid. No to the probate and reading the will.
There are 5 siblings including her.
Expert:  4ren6 replied 9 years ago.
Your sister needs to file probate and distribute the remaining items in the will. If she is not wishing to do this you can contact the probate courts to have her removed and a new Personal Representative appointed to take over the duties. The link below will give you guidance and information. take note of chapter 3. The estate should have been probated by now.
Customer: replied 9 years ago.
Reply to 4ren6's Post: If she has placed everything in her name how would we handle that. She did provide an accounting of property and bank accounts initially to everyone, but has not provided anything since.
Expert:  4ren6 replied 9 years ago.
As chapter 3 explained she is able to do this. But she also needs to dispurse the estate in a timely manner. If she is still unwilling to assist or file for probate or dispurse the estate then you need to retain an attorney to file for removal of her duties through the probate courts.

§ 301. Title to real and personal estate of a decedent.

(a) Personal estate.-Legal title to all personal estate of a decedent shall pass at his death to his personal representative, if any, as of the date of his death.

(b) Real estate.-Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this code and lawfully by the will and to all orders of the court.

Customer: replied 9 years ago.
I have one more question. My father lived 6 months in Florida and 6 months in Maryland. His house is in Florida. My sister is in Maryland. Sorry I didn't specify that initially. Would this affect her resposibilities or our actions?
Expert:  4ren6 replied 9 years ago.
No, it would not. She needs to clear the estate up. And distribute the estate per his will.
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