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My Grandmother passed away in Sept 2008 and left a will making one of my Aunts her CO EXECUTOR . She left three life policies to my mom and both my aunts. The co EXECUTOR just sued the other two sisters for the remaining balance of the funeral bill can she do that or is she responsible for the bills since she is over all the financial details? And she did not go by what the will stated on giving the furniture to who it was supposed to go to? What can my mom and aunt do
Asked on June 15, 2009 under Estate Planning, Missouri
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your Aunt has sued your mother and your other aunt, it sounds like they need a lawyer. One place to find the attorney they need is our website, http://attorneypages.com
And while they're in court, they can turn around and ask the judge to make Aunt Executor give a full accounting of what she's done with the estate, and if she doesn't have a good enough reason for not following the will, A.E. can be ordered to make it right out of her own pocket. All of this, of course, will depend on the unique facts of this case. But if the estate had assets at all, those would have to be used up before any of the sisters would be expected to reach into their own pockets for the funeral bill, in most states.