What to do if my niece was named executor of her dad’s estate because he didn’t leave a Will but now she is being nasty and unfair to her only brother?

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What to do if my niece was named executor of her dad’s estate because he didn’t leave a Will but now she is being nasty and unfair to her only brother?

I would like to know what my nephew’s rights are? She is threatening to sell a cabin that was built by their grandfather and has been in the family for years and is very dear to my nephew. She has also removed property and such and does what she wishes with it.

Asked on August 24, 2012 under Estate Planning, Michigan

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 issues that have come up.  It sounds as if your niece is abusing her position and is in possible breach of her fiduciary duties.  Is your nephew over 18?  He can bring a petition to have her removed for abuse of her powers and breach of her duties.  He should speak with a lawyer about it all.  He can ask to be appointed in her place.  Good luck.


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