Can an executrix of an estate be sued once it has been settled?
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Can an executrix of an estate be sued once it has been settled?
The executrix of my sister’s Will took all my sister’s personal property and said that my sister gave it to her before she died. In the Will she left her personal property to me. Can I sue her for not following the Will? The lawyer she hired to handle the estate has worked with her before and I feel he is not representing my sister’s wishes. I can’t fight him because his bill is already $12,000 for a $200,000. estate with includes the house. Once I get the house I would take out an equity loan to hire an attorney to get my sisters property back. Can I do this?
Asked on June 8, 2012 under Estate Planning, New Hampshire
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The executrix is in deep trouble. If your sister left no proof for this friend or witnesses to indicate that your sister decided to give her belonging to this person, then you have a viable suit against the executrix for abusing her power or undue influence. You should consult with an attorney who can sue her or try to sue her in small claims court or probate court (latter is probably more appropriate) for return of these belongings or reasonable value thereof.
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