What happens when beneficiaries cannot agree as to estate matters?

UPDATED: Jun 25, 2015

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What happens when beneficiaries cannot agree as to estate matters?

My sister and I are having a disagreement about my mother’s estate. My mother owned 2 houses, 1 of which my sister rented from her for 10 years. Both houses were left equally transfer on death to both of us. But now she says that she wants to deduct the part of her rent that went to pay for the mortgage. I do not think she has any legal right to this and do not believe it was my mother’s intent. But since she was named the executor of the Will, she says that she will take her 7.5% if I do not agree to less than half the value of her house even though I have done most of the work “executing” the estate, apart from signing the legal documents, which she did. If I did so much of the actual work would she still be entitled to the full 7.5%.

Asked on June 25, 2015 under Estate Planning, Ohio


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

Answered 7 years ago | Contributor

Challenging her will result in a depletion of estate assets since she can use estate funds to defend herself.  That being said, her extortion here is absolutely a breach of her fiduciary duties and frankly I think you need to seek legal help in having her removed. Good luck.

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