QUESTION
Can I intervene & take over if my sister is mishandling my cousin's probate funds?
Asked on Jul 01st, 2013 on Estate Planning - California
More details to this question:
My sister appointed herself as the personal representative when our cousin passed away in AZ. He had no wife, no children & both his parents are deceased. The only heirs were his aunts & uncles. My sister & her husband sold the AZ house & used the funds to purchase an investment home to flip. When they made their profit, they decided to finally disburse the funds to the heirs. She did this without anyone knowing (I only found out because she admitted it to my husband under strict confidence & couldn't tell anyone about it). I tried to warn our family that someone else should handle the OK state probate but no one would listen. Our deceased cousin had also inherited land with oil rights from his dad's native tribe in OK & was getting residuals from it. No one has any idea what is happening with the probate now & recently my mother was at my sister's house & saw a cashed check stub payable to my sister & her husband for over $40,000 for my cousin's OK estate. How do I do this when I'm in OR? She won't share any information about the probate, nor do I know who the attorney is. I feel what she is doing is criminal (theft & mismanagement of funds) & unfair to the rightful heirs.
8 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will either have to retain an Arizona attorney or find out what you need to do to handle the matter yourself. You may be able to look up some of the information online.
Answered on Jul 05th, 2013 at 4:44 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to contact a probate litigation attorney in Arizona; you should access the probate or superior court clerk in the county where decedent died, and see if a probate file was opened and obtain a copy of the file, to forward to a probate litigation attorney to determine if the matter is worthwhile to litigate against the parties who stole the money.
Answered on Jul 05th, 2013 at 4:22 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Feelings aside, that may not at all be what is going on, here. I am not sure that you would have standing to raise any of these issues with the court, but you clearly have information that could be very damaging to your sister and her relationships within the family. How you use that information, or if you do, is something only you can decide. What you do is likely to have longstanding effects on family members, however, and will almost certainly destroy your relationship with your sister. I would tread carefully. If you are convinced that there has been a wrong that needs to be righted, I would consult with a probate attorney to determine how best to proceed.
Answered on Jul 03rd, 2013 at 4:47 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You need a lawyer in Oklahoma; it sounds like there is money "on the table," so you need to get going on this. It really should not be possible for your sister to take control without notice to anyone; certainly, in Oregon, she would be required to give notice and to account for funds of the probate. But you need legal help in Arizona and Oklahoma, and there's no substitute. Or, you could just let your sister get away with it.
Answered on Jul 03rd, 2013 at 1:21 PM
These types of cases are troubling and difficult. You should go visit with an attorney immediately who specializes in estate litigation. They can get you to counsel in Arizona. Your steps should include: 1. Filing a Demand for Notice. 2. Consideration of filing a Petition for Removal of the Executor.
Answered on Jul 03rd, 2013 at 12:56 PM
Any family member can bring a motion to have the estate representative removed for malfeasance. You can bring the motion even if someone closer is your choice for the new representative. You should consult a probate attorney to review the procedures.
Answered on Jul 03rd, 2013 at 12:11 PM
The complaining beneficiaries will probably need to retain an attorney in Arizona to protect their interests in the probate court.
Answered on Jul 03rd, 2013 at 11:04 AM
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It is difficult to do what you want being out of state. You would have to file a Petition for her Removal and demand for accounting and then you would have to appear in court at the hearing. I would recommending hiring a local attorney. If there is good cause that attorney could possibly be compensated out of the estate instead of your pocket and you would have someone local to appear and advocate your position.
Answered on Jul 03rd, 2013 at 10:32 AM