Good morning. My name is ***** ***** I look forward to helping you.
First, let me tell you how sorry I am for the loss of your dad. Having lost my own dad a few years ago, I know what a difficult time this is. I will certainly keep you in my prayers!
With regard to your specific question, the estate and its assets are not your sister's personal piggy bank simply because she's the executor. As executor, she has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If she fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the surrogate court to have her removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. In your situation, I would put her on written notice by certified letter of the foregoing and let her know if she does not satisfy his fiduciary duty to all beneficiaries in the administration of the estate, including keeping you informed of the progress, you will be filing the petition with the court to have her removed and be asking the court to order an audit of the estate.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!