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My mothers will of Indiana since Jan has not been filed. Is there anything I can do? My sister who has been spending the money and is executor. The lawyer has not filed it.
Asked on June 1, 2009 under Estate Planning, Georgia
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The executor has a fiduciary duty to the estate. That is, the interests of the estate are above any interests of her own. If she fails to adequately care for the estate assets she should be removed. She can also be held personally libel for any damage her action/inaction has caused the estate.
I assume that you have made the attorney aware of this, if not do so immediately; you may have to have your sister removed as executor. If you are still dissatisfied, than contact another probate attorney. He'll advise you best at to your next step under Indiana law.