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A sibling who accused me of attempted matricide is now the exectrix of our mother's will-can she be removed for that reason

Saint Louis, MO |

she and two others attacked me behind my back and my brother an M.D. defended me-now this sister by default will be the executor of this trust. i live in the home and really fear what they will come up with next

Attorney Answers 2

Posted

If you're asking whether or not your sister's accusal of you is grounds for her removal as executrix, I'm doubtful you'll find a jurisdiction where the answer is yes. Suspecting someone of an attempted crime doesn't usually fit into the disqualification statutes that I'm familiar with.

However, many states would disqualify (or remove) as executrix an individual that the Court finds unsuitable. Your concerns might gain some traction here if you retain an attorney to better develop your facts. If your chief concern is that your sister cannot act impartially or fairly as a result of her underlying suspicions, you might have a decent chance at convincing the Court that she cannot overcome her negative impression of you.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

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Posted

You are using terms that don't fit together. An executor is not a term used in reference to a trust unless it is a testamentary trust in which case, the matter might be in front of a probate judge already. I suggest you call a good probate lawyer in St. Louis and get to the bottom of this issue.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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