What to do if my sister was named executor of my mothers Will and refuses to settle the estate almost3 years since my mother has passed away?

UPDATED: Feb 22, 2012

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What to do if my sister was named executor of my mothers Will and refuses to settle the estate almost3 years since my mother has passed away?

Before my mother passed away she told me that she had a family trust that would be split 3 ways a third too me, a third to my brother and a third to my sister. Now almost 3years has gone by since her passing and nothing has been settled. My sister refuses to sell the house and she uses it for personal storage she is named as executor of the Will. All of the expenses for the home taxes, utilities, upkeep, etc. come out of the trust. My sister won’t even disclose to me or my brother what is in the Will. What are my legal rights to get this matter settled once and for all?

Asked on February 22, 2012 under Estate Planning, Ohio


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for your situation.  First, if the Will has been offered for probate you should have gotten a copy.  But it is a public record once filed and you can go down to the court to review it from the court file.  Now, it sounds like your sister is breaching her fiduciary duty and you need to seek legal help with this right away.  You are entitled to an accounting at the very least.  Good luck.

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