My sister is an alcoholic and takes unprescribed narcotics (pillpopper). I have concerns that she may not meet probate deadlines or may try to change what is in the will. She is not reliable. She could not keep herself together prior to, during or after my fathers death. She has these episodes of seeing things that are not really there and blurts out things that make no sense. One late night (3:30 am) she was making no sense of what she was saying an then obviously staged a seizure. I called 911. When paramedics arrived one of them said he could almost guarantee she was high then took her to hospital. The doctor called me out of her hospital room and informed me that she was under the influence of Vicodon or Norco and alcohol.
This type of behavior has been going on since 2011.
If you are a beneficiary, talk to your sister and advise her of your concern and whether it would be better for her to step down as executor. If not, then consult with a local probate attorney for options.
AVVO and your local bar association can provide referrals.
Your sister as executor has fiduciary obligations to abide by the terms of the will and meet court deadlines. If she cannot keep herself together and does nor agree to step down, you can petition the probate court to remove her. I highly recommend you ta a probate attorney.
Sister has fiduciary duty to execute her duties faithfully and honestly. This includes duty to beneficiaries, such as yourself, to carry out mother's stated intentions.
You are a beneficiary. You have rights stated in the will. Court has obligation to ensure sister executes her duties faithfully.
You may petition court to remove sister as executor and appoint you, or another person.
You cite some serious concerns regarding sister's ability to execute her duties. I recommend you retain probate counsel to protect your rights.
Has the Will been admitted to Probate and has a Probate proceeding begun? If not, then I suggest that you initiate a probate case and be appointed administrator of the Will and get Letters.
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