My sister is executor of estate but won’t finish probate because she wants to keep everything. How do I stop her?

UPDATED: Sep 30, 2022

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My sister is executor of estate but won’t finish probate because she wants to keep everything. How do I stop her?

My sister is executor of our fathers estate. She
won’t complete probate because she wants to
keep everything herself even though the will
states 50/50. She also won’t release the
money my father left my daughter because she
wants it all for her son. What do I need to do?

Asked on December 12, 2016 under Estate Planning, West Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can petition the probate court to have the executor removed and a successor appointed.
You can also sue the executor for conversion which is theft in a civil case.  Your remedy would be a constructive trust which would require the executor to return the money or other assets she has stolen to the estate.  If she has spent any of the proceeds, a constructive trust can be used to trace the proceeds to any acquisitions and those items or their value can be returned to the estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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