QUESTION
How can I get my sibling to execute on our Mom's will?
Asked on Mar 14th, 2017 on Wills and Probate - Maryland
More details to this question:
My Mom recently passed, left a will: 50/50 between me and my sibling, I am the co-executor. My sibling was helping her in the last year when she was terminally ill and heavily drugged in a hospice (I live far away), so they got her to add them to her bank account. She sold her house and kept all her money there, as well as her other savings. They took over the bank account and are promising to give me my half. However, it's been 2 months and they are finding lots of reasons not to discuss it further or share the actual bank statements (feeling sick, waiting for Mom's final bills and now filing taxes, the account is "thiers" and they "dont have to"). additionally, I've seen loans to them in Mom's checkbook (i.e. for a new car). They submitted "no estate" for probate. I have a feeling they are hiding something from me and simply dragging on the time, but I don't want to ruin the relationship yet by litigating. How can I get him to share details and write the check?
1 ANSWER
Maryellen Sullivan
I recommend making a request in writing for a full accounting, which is your right and responsibility as a co-executor, and giving a deadline. You have proof of the request and, if the deadline passes without sufficient information, I would file a demand for an accounting with the court and provide a copy of your request as evidence that her sister is not cooperating. It does not sound like asking nicely and being patient is working. Sometimes hiring a lawyer can buffer standoffs a bit; the lawyer makes the requests and filse any court actions so that you are not as directly involved in challenging your sister. The estate should pay any legal bills you incur as part of this action. But, from what you describe, it sounds like estate funds are being used inappropriately and you need to take some action.
Answered on Mar 15th, 2017 at 8:04 AM