Mother left a will and sister will not obey the terms

UPDATED: Sep 19, 2016

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Mother left a will and sister will not obey the terms

My Mother passed away and sister
don’t think any one should get what
she left them.

Asked on September 19, 2016 under Estate Planning, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Any one who does inherit under a will which is not being followed, or who logically would stand to inherit under a will which they claim has been changed (e.g. a child who was disinherited or whose share was reduced) may bring a legal action in chancery or surrogate's court in which they ask the court to review the executor's performance and their adherence to the will. If the executor is not following the will, is being reckless or negligent with the assets, and/or is diverting part of the estate to her own benefit or the benefit of her family, friends, or colleagues (without the will authorizing her to do this), the court can order the executor to start following the will's instructions and/or to repay the estate for amounts she took; the court can also order other people who received amounts or property they should not have received under the will to return those things.
Such a legal action is substantially more complex than, say, the typical "small claims" case; if you want to pursue this option, you are strongly advised to consult with and retain a probate attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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