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

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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

Answers:

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

Answered 4 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.


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