In Kentucky if the exectrix of a will is lying and is not telling the siblings anything what can they do?
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In Kentucky if the exectrix of a will is lying and is not telling the siblings anything what can they do?
My father passed away on Sept 19 2016 and my sister is the exectrix of the will and she is lying and is not tell me and my other sister anything. He had cattle he has farm machinery and a pu and suv. On March 19 2017 he will have been dead for 6 months. What can I do
Asked on March 18, 2017 under Estate Planning, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you need to get an attorney. As an interested party--someone who stands to or is likely to inherit under a will (or under intestate succession, the rules for who gets what when there is no will)--you have standing, or a legal right, to bring a legal action (lawsuit) in chancery court (a part of count court) seeking that your sister, as executor, "account" for (that is, justify and provide proof of) her actions and that she is following the will, which she is legally bound to do. If she is not following the will, the court could do one or more of: remove her as executor and appoint someone else; order her to follow the will; require her to personally repay any money or assets she improperly took out of the estate or wasted/lost through negligence or wrongdoing. However, such an action is procedurally complex--it is *far*more complicated than, say, bringing a small claims suit--and so you are strongly advised to retain an attorney to help you.
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