What to do if my sister is the executrix of my mother’s Will, but she has refused to disperse the property my mother left to me and my son?

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What to do if my sister is the executrix of my mother’s Will, but she has refused to disperse the property my mother left to me and my son?

Can my son place a lien on the house my mother left him? It is now going into foreclosure because my sister refusing to inform the bank of who the house was left to and the bank is refusing to talk with anyone but my sister.

Asked on September 11, 2011 under Estate Planning, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the problems that you are having.  You need to get legal help as soon as you possibly can because it is obvious from what you have written here that your sister is in breach of her fiduciary duty to administer the estate of your Mother as she wished.  And is in a way dissipating assets of the estate by allowing them to fall in to foreclosure, etc.  You will need to challenge her and to remove her as executrix.  It will cost you money and it may or may not be recoverable from er personally.  But that is the only way that I see at this point to protect your inheritance.  Good luck to you.


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