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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.