What are my rights to my mother’s estate?

UPDATED: Nov 21, 2014

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What are my rights to my mother’s estate?

My sister and I are co-executor of my mother’s estate. Probate was settled 2 months ago and the last of her properties was sold last month. There is a bank account that had funds from insurance payouts that is in my name and my sister’s name. After probate and her properties were settled and our attorney was paid in full, I took half of the money out of the account and left half for my sister. She says she has grounds to sue me for doing that. Since we are co-executors and everything is split 50-50 I don’t see that I did anything wrong.

Asked on November 21, 2014 under Estate Planning, Virginia


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 arisen.  While in the end you may be correct, procedurally you may have overstepped your bounds.  Were taxes filed and paid as well?  There really should be no distribution until a final accounting has been filed as well and you may have to act together not separately under the terms of the Will.  So I might consider putting the funds back for now and finalizing the estate before distribution.  Good luck.

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