What to do if my dad passed away without a Will so my sisters and I agreed to make his best friend administrator of the estate but 1 of my sisters has been uncooperative?

We have been meeting over at my dads going through things we always agree on the day and time. One of my sisters is always hours late and leaves after being there for only a hour or so. I always call and text her trying to get her there and she always says she’s on her way (one time she kept passing out due to drinking and my mom kept waking her up). Recently she told us that since we have been going through things with the administrator without her, she is going to sue us because we are not allowed to do anything without her. Can she do that?

Asked on July 11, 2014 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  First of all, the Administrator can generally make all the decisions with out any of you as long as it is in the best interest of the estate. As long as there is no breach of fiduciary duty - that the administrator has not done anything that would adversely affect her or that you all have specifically plotted against her - you will be fine.  Remind her that if she does indeed sue it would deplete the assets of the estate.  The administrator would have to hire an attorney to represent the estate and that attorney would have to be paid out of the estate.  Less for her.  It may be best to hire a lawyer to assist the administrator and you guys take a step back.  Good luck.


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