What are my rights as a beneficiary in a Will if the executor will not settle the estate?

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What are my rights as a beneficiary in a Will if the executor will not settle the estate?

My stepfather was executor of my mom’s estate since she died first. My sister is executor of my stepfather’s estate now. My stepsister and myself are both listed as beneficiaries in the Will. Due to spite, my sister will not settle the estate. What are mine and my stepsister’s rights to collect our inheritance?

Asked on July 27, 2011 Alabama

Answers:

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

Answered 9 years ago | Contributor

I am sor sorry for your losses and for the problems with the estate.  You have a few options under the laws.  Generally, if you think that the executrix of your Father's estate (your sister) is not properly administering the estate or acting outside the scope of her duties, you can ask the court to remove her as the fiduciary and to place someone else in that position.  Or you can ask for an accounting of the estate.  Or ask for a conference.  I would consult with an attorney in your area to be sure how exactly you want to proceed.  You will need to pay out of your own pocket.  Your sister, however, can defend herself with estate funds which may or may not have to be [aid back by her.  Good luck.


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