What to do if my sister is refusing to sign a receipt and release for funds and stock distributed to her from my late mother’s Trust?

My sister is refusing to sign a receipt and release for funds and stock distributed to her from my late mother’s trust. She also refuses to sign a Deed of Distribution for 50% interest in my mother’s house, which has been put up for sale. She has refused to answer my telephone calls and E-mails. What rights as executrix of the estate do I have to admininster the estate, when my sister will not cooperate?

Asked on July 18, 2012 under Estate Planning, Arizona

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it is.  You as the Executrix have great power under the law.  This is a procedural question though, meaning that you need to understand how you would act next to resolve the situation.  You may need to bring a motion against her to acknowledge the distribution or you may be able to bring a motion to have the court declare the property distributed and to allow you to sign the deed, on notice to her.  You are going to need legal hep here.  Good luck.


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