How can I get an executor who I do not trust to dispurse my inheritance?

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How can I get an executor who I do not trust to dispurse my inheritance?

My sister is the executor of my mother’s estate; she passed on 5 weeks ago. My sister refuses to give me savings bonds ($60,000) and other items. I am the beneficiary and some are in my wife’s name. My sister refuses to give them to me and is attempting to get them reissued in her name. She also took $61,000 out of an account of my mother’s that was set up with me as beneficiary. My sister is a liar and a thief and I want to recover the bonds and money. What do I need to do as I am unemployed?

Asked on August 17, 2011 Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your mother passed away five weeks ago and your sister is the executor (executrix) of your mother's estate, there must have been a will. If there is a will, then the will needs to be probated in the superior court of your state in the county where your mother lived.

Probates take at least six months to conclude from the date the petition to probate is filed. The executrix of your mother's estate cannot simply give out assets of the state to the estate's beneficiaries without a court order which is the order of final distribution of assets.

The request for your inheritance  from your mother's estate based upon what you have written is way premature. You will have to wait for the filing of a probate concerning your mother's will and then you can voice your concerns to the probate judge.


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