How can I get my sister to stop doing whatever she wants with my mother's estate?
4 attorney answers
If your mother did not have a will, then it will be up to the probate court to appoint an executor of your mother’s estate. Generally a surviving spouse or the deceased’s children are often first in line to be appointed as executor. The court will look at several factors to determine who should be appointed executor and will determine who would serve the best interests of the estate. Prior to this official appoint the assets and funds of your mother’s estate should not be touched. If your sister was not officially appointed executor, she should not be in control of your mother’s estate. With any legal situation, it would be in your best interests to seek counsel from an experienced attorney.
Your sister has no power to be doing any of this. Hire an attorney to inform her formally of that fact. After 30 days since the date of your mother's death, file to become administrator of you mother's estate.
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Unless your sister has applied to be a personal representative of the estate and be appointed as such by the court she is NOT the executor, and currently has no power to do anything. I agree, get your own lawyer immediately and get into court right away. You can ask for an emergency hearing to appoint yourself special personal representative in the meantime to stop her from making changes. The estate can also then sue her for any damages she's caused.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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