Can your sister as the executor demand things from you or put a monetary value on things you took from your parent's home after their death and do you have any rights?
Wills are for a reason and by law, must be followed to the letter. Get that copy of the Will and tell your sister if she doesn't knock it off you are seeking legal advice. Try to discuss this matter as calmly as you can, because money and possessions of another are simply not worth losing a sister/brother or friend over. Unfortunately, I have seen some very nice people turn into animals when it comes to a Will. For the most part most people have a little secret corner of their personality that is called "Greed!"
My husband's parents passed away, and his sister who was Executrix went into the house and tried to clean out everything, but I forced my husband to go down to the house to protect his legal rights and those of his brother in New Zealand. I went along for the ride, but found myself in the middle of one nasty hornets nest. I am one that refuses to put up with this sort of behavior so I told her that if she didn't abide by the Probate rules or the Will that we would be seeking legal action and "Contest the Will." As soon as you say these words the other person will automatically back off, because if you contest the Will, it can be held up in court for a very long time, and most people just want what's due them and move on.
Have that talk with your sister and don't take a back seat! Here are the rules:
You have the right to be present when you sister enters any property or removes any items from that property.
You have the right to know where the money is being spent (funeral costs, money out of the Estate accounts to pay for legal counsel or paying for any forms needed to process the Will.)
You have the right to get what was left to you in the Will whether your sister agrees with it or not.
RESPONSIBILITIES OF AN EXECUTOR (MALE) EXECUTRIX (FEMALE)
To abide by all wishes in the Will by the deceased
The death notice is put into two different papers. (If you live in New York, then choose the most popular newspaper and if your parent(s) came from another State or town, you can choose a paper in their hometown. It's a way of letting the deceased friends and other family members know and also if there will be a funeral or not.)
To GIVE A COPY OF THE WILL TO ANY HEIRS!!!!
To have the Will Probated so that all debts are paid for
To keep a ledger of all expenses such as paying for electricity/heat/cable/phone, etc., until one can decide if they are selling the house/apartment/condo. Also all receipts must be available as to what money is being spent. THE EXECUTRIX CANNOT SPEND MONEY ON THEIR OWN PERSONAL NEEDS AND THIS IS BREAKING THE LAW!
When the Probate is activated, all monies must be accounted for (down to the penny!)
Do I have any rights to mementos from my parents when my two sisters who no longer speak to me forced me to sign papers when I was very ill naming one of them Executor in the absence of a will?
If the executor asks a lower price for a property than the joint beneficiary wants what are the rights of the beneficiary?
What rights do the non-executor surviving children of deceased parents have to the estate when only one is named executor?
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set…
If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.
What rights does an executor have to enter the premises of the deceased exercise the contents of the will?
When you turn 18 don't you have more legal rights to your biological brother than your adoptive parents do?
A wife has legal rights whether or not she is the executor. Most states have a statutory provision under the doctrine of election. Under that provision, a wife can claim a statutory share of her husband's estate if her distribution under the will is less than she would receive by law. You should consult with an attorney in your state who specializes in probate to determine what your rights are under the laws of your…
If there is a divorce in progess for the deceased and a child is appointed executor of the estate who has more rights the widow or executor?
The executor is the person who has the power and obligation to carry out the provisions in the will and perform all the duties necessary to settle the estate. The widow has no rights in that aspect of the estate. If the divorce decree was not yet entered at the time of death the widow will inherit according to the provisions in the will. In most states she can claim a statutory share if she…
In most states, the named executor may give up the right to be executor by signing what is called a "Renunciation" of the right to serve. A formal document like that is preferrable, however in some instances there may be a problematic executor who just refuses to do anything, even sign the renunciation. In that situation some states might accept a letter or require the alternate executor to give the named executor some notice that…
Can 1 executor refuse to release cash until other executor agrees to what he wants to do with property?
When there are co-executors of an estate one has no superior rights over the other. If they cannot agree then the conflict needs to be presented to the court for a solution. The beneficiaries have the right to expect that the estate be settled with expediency. An executor who is holding up the process can be removed by a petition filed by the heirs or the other executor.
What are your rights as the adult child of the decedent if an executor is already named in the will?
The named executor must be appointed by the court. If you object you have the right to file an objection with the court within the time frame on the notice that the will has been presented for allowance and appointment of executor. You should prepare a well written objections that clearly explains your objection and also requests that someone else be appointed. You should consult with an attorney who can review the situation and explain…