What to do if my father passed away over a year ago ad my oldest sister is the executor and as of this writing has not closed probate?

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What to do if my father passed away over a year ago ad my oldest sister is the executor and as of this writing has not closed probate?

She has allowed our dead beat sister to move into the estate without my consent and is paying the bills out of the estate account. The estate account is nearly gone and property taxes will be coming due. The sister that is living in the house has moved her daughter in and kids. I never wanted anyone in the house because we are trying to sell it, and my sister and her daughter will not move out and has yet to pay any expenses while living there. Do I have any rights? Why can I be “out voted” 2-1 when the 2 girls are in cahoots and I live out of state? It doesn’t seem fair and it is definitely not what my father wanted.

Asked on April 3, 2013 under Estate Planning, Arizona

Answers:

Gregory Abbott / Consumer Law Northwest

Answered 8 years ago | Contributor

Your oldest sister may be abusing her authority and/or not fulfilling her duties as executor.  If informally talking to her about it does not solve the problem, the remedy you have is to go to court and seek to have her removed as executor.  You may also be able to challenge her proposed distribution near the end of the probate if she does take the expenses and lack of rent into account in determining each of your shares of the estate.  Finally you may be able to sue your oldest sister if her behavior truly does violate her responsibilities as executor.  Being "out voted" doesn't come into play, legally speaking, at all.  It is the executor's decision that matters - period.  She has the authority to decide, and then she has to take responsibility and liability for those decisions.  All this needs to be reviewed by an attorney who practices law in the same state as the probate is in.


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