Can I have my sister removed as executor for failure to follow my mother’s wishes?

UPDATED: Dec 19, 2014

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Can I have my sister removed as executor for failure to follow my mother’s wishes?

I have 3 siblings and we have been left a lake house which in my mother’s Will was provided for with funds from life insurance. They chose not to put the funds in the lake account (against the terms of mother’s Will). My sister, the executor, also removed the lawyer that my mother had write the Will and has a new lawyer; this being done without anyone else’s consent. Now the 3 of them have put the house up for sale without my consent. I too am an executor. Can they sell the property without all of us agreeing to it?

Asked on December 19, 2014 under Estate Planning, Missouri


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

A person can not dictate in a will how life insurance proceeds are to be spent.  If your sisters are the beneficiaries of the life insurance proceeds, then they can do whatever they want with that money.  Your mother can not dictate from the grave that they use the money to fund the lake house.  If you want to fight your sister's administration of the estate, you can hire your own lawyer and do so, but it could get bloody, especially if it is three against one.  If all four of you inherited the house together, then all four need to sign to sell the house, unless your sisters want to buy out your share from you.  That may be the best way to go.

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