What can I do about my sister who is the executrix of my parents will. She will not release the monies in the estate because she is demanding somethings I have from their house which was split equally?

Answer

All Wills have to go to "Probate." This means forms have to be filled out and usually done by a lawyer. A Probate goes over what is in the Estate such as contents, properties, monies, investments. Then all creditors must be paid off and that includes personal income tax and any taxes on homes or properties. As Executrix your sister has to follow the rules and cannot just walk in and take what she likes. By law she has to abide by the wishes of that Will. So, if you are left certain things such as a home, a piece of property or items from that property then she has to comply.

Often the elderly (such as mothers) will start giving away china, jewelry, etc., to her daughters or perhaps something to her sons long before she dies. This is legal and your sister doesn't have a leg to stand on. Get a copy of that Will and you can ask the lawyer who is in charge of the Will to send you a copy (it will cost you, but it's not too bad)and say for instant if your mother gave you a ring before her death, and in the Will she leaves it to your sister, then you have to give that ring up if your sister wants it. If your mother gave you the ring and it's not mentioned in the Will, that ring or any other contents she gave you that are not mentioned in the Will is yours!

If your sister is being stubborn or greedy then I suggest you get your own lawyer and "Contest the Will." A Will can divide a family quickly. It's sad, but true. Your sister will not want you to Contest the Will because it can tie that Will up in court for 3 years or more.

You cannot contest the will because your sister is acting this way, because her actions have no bearing on the validity of the will. You can take her to probate court to compel a proper distribution or have her removed as executrix (if she is in the wrong) or at least have the court decide how this impasse is to be resolved. A probate court might order a different distribution of those "somethings". In any event, such litigation does waste money and leaves scars.

First answer by Marcy. Last edit by RoibeairdWA. Contributor trust: 107 [recommend contributor]. Question popularity: 78 [recommend question]