ADDITIONAL INFORMATION:
Hello. My sister is the executor of my moms estate. I live with my mom, take care of my mom, take my mom to dr, make sure shes fed and clothed, etc. My mom is elderly. My sister does absolutely nothing for our mom– no visits, no contact, no doctor visits — nothing at all. But she is in charge of the money and bank account my mom received for my dads wrongful death lawsuit. My sister refuses to give us money or even tell us about the account. How can I become executor of this account in order to take care of our mom
ATTORNEY ANSWER BY MARGARET L. CROSS:
You cannot be the executor of your mother’s estate as you mother is still living. If your sister is making health care decisions for your mother, she is the health care agent. If she is making financial decisions over your mother’s assets, then she is the power of attorney. You mother can execute new health care proxy and power of attorney to change that to you if she is competent.
It appears that your father’s estate received an award from a lawsuit. You can’t simply take over the account from your sister if she is the executor of the estate. She has a fiduciary responsibility to the estate and can’t hand over the reigns without a petition being filed with the probate court. Also, as executor, one cannot make distributions from the estate without first making sure that all creditors of the estate have been paid and the income taxes for the estate have been filed and paid. However, if there is enough money the executor can make a small distribution before the estate is closed at the probate court.
I would suggest speaking with an attorney. Your attorney can usually prompt a response from the executor by writing a letter. The attorney can also look at the file at the probate court to determine where the estate is in the probate process.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.
