Breach of fiduciary Duties Going to Probate Soon Need Help

This is a discussion on Breach of fiduciary Duties Going to Probate Soon Need Help within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My mother passed away in 2/2009 and named her best friend as executor of her estate. My sister and I ...

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Old Apr 27th, 2009, 08:06 PM   #1
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Default Breach of fiduciary Duties Going to Probate Soon Need Help

My mother passed away in 2/2009 and named her best friend as executor of her estate. My sister and I are the main beneficiaries and the executor is to receive $25,000 and one niece $25,000 and mom's mercedes. After my mother passed away I asked the executor for a copy of the will and she stated, "she was advised not to give us a copy and would not give me the information of who told her." I told her it was our right to receive one. Thirty one days later we finally received one and she told my sister she would have no more contact with me. If I want to talk to her I have to go to the attorney and charge it to my mothers estate. My mothers home was appraised at close to a million a year ago. I know the market is down, but she wants to sell her home starting at $550,000. It has been almost three months and the executor has done nothing to maintain my mothers property. Her new sod on the lawns would be dead if I hadn't been taking care of it. She has not once started up my mothers mercedes in the garage. I asked the executor if I could move in and be the caretaker until the house was sold and she said, "I don't want to be a landlord." Now she has changed the locks on the house. I know she can legally change the locks, but to protect it from my sister and I? We're not taking anything out of the house. My mother was ill and we were cleaning it. My sister called the executor last week and asked if we could all get together and sit down and discuss what is going on with the estate. She stated she is too busy until after we go to probate court. That's in three weeks. I feel she is not looking out for the estate and the best interest of the beneficiaries. I feel her only interest is the $25,000.

Can I offer to pay her $25,000 and she resign as executor or ask the court if my sister and I can be coexecutors since she seems to have no interest in my mothers estate? Would I need my own attorney to do this? My mother would not be happy at all the way the executor is handling everything.
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