What can I do if my mom just passed away and I was executor of her Will but my sister took it from a safe deposit box and made herself executor?

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What can I do if my mom just passed away and I was executor of her Will but my sister took it from a safe deposit box and made herself executor?

Is this legal? I know that a few months ago she was seeking power of attorney over my mother. The doctor refused to write the necessary documentation saying that my mother knew exactly what was going on around her. I do not believe she can do this if the will was written years ago. Do I have rights regarding my sisters actions?

Asked on May 19, 2014 under Estate Planning, Washington

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  If you are the named Executor under the Will your sister can not just name herself unless you have renounced the position (formally stepped down) and there has been an order appointing her by the court.  Please go and speak with an attorney.  It sounds as if your sister took the Will and maybe applied to be the Personal Representative ignoring the Will.  You should have gotten notice of any proceedings done in court.  hurry.  There are time limitations.

 


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