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My aunt left her estate to me and my two sisters appointing my father as executor. The most recent Will omitted us and named my father and a cousin as the sole heirs. How can we contest this?
Wiki User
∙ 9y ago
First, the most recent Will is the one that is presented to Probate Court for "allowance". Keep in mind that many people change their Wills prior to their death. It is customary to include a clause at the beginning of a new Will that states the testator is hereby revoking all other Wills made prior to the current version.
If you have a copy of the prior Will naming you as beneficiary you can submit it to the Court for review along with your objection to the allowance of the later Will. Remember that an objection to a Will will not be entertained simply because you are not happy with the testator's decisions. There must be a material defect in the contested Will that makes it legally invalid or you must prove the testator was incompetent or under undue influence when she drafted her later Will.
If you think you have a valid claim then you must file your objection within the time frame expressed in the notice of Probate that you should have received. The Court will schedule a hearing and will review your documentary evidence and hear testimony.
Wiki User
∙ 9y ago
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Sin hermanos (only men or including both men and women) Sin hermanos ni hermana
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An executor cannot sell the life estate. If the sister was given a life estate she has the right to the use and possession of the property for life. The property cannot be sold without her written consent.
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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?
Just because you are not the executor does not mean that you aren't entitled to your share of the estate. They are required to do a full inventory and valuation and submit it to the court. You should consult an attorney that know what the laws are in your state.
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How do i change my deceased mother's house over to my sisters?
You will need to talk to the executor of your mother's Will. If this is you, you will need to see whom the house is willed to - if it is your sisters, a decent estate lawyer can draw up the paperwork relatively quickly. If there is no Will, or the house is otherwise deeded or has a lien on it, things will get complicated quickly and you will need to contact an estate lawyer.
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Are brothers an sisters responsible for a debt of a sibling deaceased even with a spouse?
Siblings certainly are not responsible. If you are the executor of the estate, yes, insomuch as there are assets to pay them with. If the debts exceed the assets, there are some people who will not get paid, including the beneficiaries.
If the executor of the will who is the deceased daughter disowns one of her sisters an heir to the estate can that executor be removed because of a conflict of interest?
Yes, you can go to a lawyer and have him "contest the Will" for you. The reason for this is, if you don't trust your relative who is Executrix (women) Executor (man), just this action alone will make that relative "stand up and fly right" because they could get into trouble. What is due you, you should get! Also if their are other Heirs besides yourself you can contact them and if you out number the Executrix they have to go! An Executrix or Executor can actually refuse to take on this responsibility.An Heir in any Will has a right to a copy of the Will (which may cost a few dollars to get) if the relative refuses to provide it. An Heir has every right to get a copy of the Will and I suggest you do that. An Executrix is not an easy job and are legally bound to provide an account of all monies in bank accounts, properties, contents, etc., to Probate (and it had better be right.) Probate is when all out-standing taxes and debts have been paid off. If there is a business they it's more complicated because if that business is making a profit it could well be that all profits are divided equally between all Heirs of the Estate. When all accounts have been checked into and that any properties, mortages have been paid off in full. If not, then it will come out of any monies left by the deceased. An Executrix has to account for every cent.I Probated a Will for my mother-in-law and it wasn't that hard and I hired a CGA to help me. I provided tax receipts, etc., and kept books.Another PerspectiveOnce an executor has been appointed it is too late to contest the Will. The question does not hint at any material defect in the Will. Removal of an executor is up to the discretion of the court. Any person who has an interest in the estate can petition for the removal of the executor for a just cause. The court will consider the petition for removal under the provisions of state law and will review the particular facts of the case.Removal of the executor is not done lightly. There must be a reason serious enough to compel the court to act. The testator may have chosen the executor because of her special skills and integrity. The disowned sister may be the family troublemaker. That situation alone would not generate a conflict of interest.Generally there needs to be some misconduct, breach of duty or conflict of interest by the executor. In the case of family strife, the court may consider whether it is no longer possible for the executor to her duties in an impartial and objective manner. The court may find that mistrust and hostility has developed to such a degree that the beneficiary can no longer accept the executor's actions and decisions. Or, it may conclude that the executor is performing her duties as expected under the law and in the spirit of the will.In any case, the removal of the executor rests solely within the discretion of the court.
My sister and I are co administrator of our sisters estate distribition is May 19 we have moved all money into new mma I have a emergency situation can I use a one time amt of the funds in the account?
This questions needs clarification as to whether the executor has a personal emergency or whether the estate has the emergency; whether the executor is or is not a beneficiary and whether or not we are talking about funds in the estate account or still in the decedent' personal account.
My sister who had a loan with my parents feels that it is forgiven since they both died. Is the loan now transferred to the brothers and sisters that are equal trustees or is it forgiven?
The debt is owed to the estate. The executor has a duty to collect it. The money can be credited toward her share of the estate if there is enough to cover it.
