We were supposed to sell the house however she is renting it out without my knowledge. I don't know how much she received for move in fees or rent. She has no personal money yet she has taken 2 trips from Fl. to Ca. I had to pay all bills in Jan to keep the house afloat. Taxes, insurance, mortgage and utilities. I feel now that there is money coming into the estate she might be using it for personal needs. I have asked her for an accounting and she refuses. What are my options?
#1 Review the case with a local elder law/probate litigation attorney.
#2 Have attorney send a demand letter with a very short time limit.
#3 Petition the local probate court to remove sister and demand accounting.
Some folks when acting as trustee just don't get that they really have to account to the beneficiaries. Sounds like you sister may be one of those who needs a wake-up call. And possibly more.
This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first.
I assume you have done all you can due without success in dealing with your sister.
So- the obvious answer is to hire an attorney to review the court probat records, demand an
accounting and discuss with you your options iin attempting to remove her as personal
representative of the estate.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
I agree with both prior attorneys, you need to hire an attorney. If the house is still in an estate or trust you are entitled to an accounting. If it's titled in both your names you can consider a partition action. In matters regarding dollars the decision to hire an attorney to pursue your rights is a pure business decision, is the money you pay the attorney worth it in comparison to what you stand to receive? Don't let your sister steal your asset.
The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship.
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