probate problem

UPDATED: Jun 1, 2009

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probate problem

My mothers will of Indiana since Jan has not been filed. Is there anything I can do? My sister who has been spending the money and is executor. The lawyer has not filed it.

Asked on June 1, 2009 under Estate Planning, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

 The executor has a fiduciary duty to the estate.  That is, the interests of the estate are above any interests of her own.  If she fails to adequately care for the estate assets she should be removed.  She can also be held personally libel for any damage her action/inaction has caused the estate. 

I assume that you have made the attorney aware of this, if not do so immediately; you may have to have your sister removed as executor.  If you are still dissatisfied, than contact another probate attorney.  He'll advise you best at to your next step under Indiana law. 

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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