What to do if my sister is acting as administrator but says there is no Will and has provided us with no documents?

UPDATED: Dec 6, 2011

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What to do if my sister is acting as administrator but says there is no Will and has provided us with no documents?

My sister had power of attorney when my mother was living. Now she’s says she the personal representative of the estate since my mother passed away. First she said there was a Will and now she says there isn’t. She recently went to a lawyer and had him draft a letter stating she is keeping all the money and we are not entitled to nothing and not to bother her anymore. What should I do? Do I have any recourse?

Asked on December 6, 2011 under Estate Planning, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there was no Will of your mother's estate or trust, there must be an administration proceeding to distribute its assets unless everything was held in joint tenancy. I suggest having a face to face meeting with your sister about the situation involving your mother and her assets and whether there was a Will or trust and if none, is there going to be an administration proceeding.

If she refuses to give answers to your questions, then your recourse will be to retain a Wills and trust attorney to get the needed answers to your questions that remain unanswered by your sibling.

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