That decision was never discussed between my brother and I but, nevertheless she’s the oldest sibling, 40 years old at the time, un-employed with kidney disease, lives with my mother and without a family of her own. During the last 3 years my sister has been the primary care giver for my mother.

Can a sibling decline to be an executor or trustee?

Siblings can decline an appointment as executor or trustee so that someone else can be the fiduciary and make decisions on asset distributions. If siblings are named as fiduciaries, they need to formally decline the appointment.

Can an executor delay payments to a beneficiary?

Unfortunately, the answer to this question isn’t a straightforward yes or no. An executor can delay payments to beneficiaries to pay taxes and debts on the estate. If there’s nothing left after that or the liabilities of the estate exceed the assets, the beneficiaries won’t receive an inheritance.

Can a beneficiary remove an executor from an estate?

If an heir or beneficiary believes you are not appropriately fulfilling your legal obligations, they have the right to file a petition with the probate court to get a full accounting of the estate’s assets or to have you removed as the executor.

Why did my sister take over my mother’s estate?

Your sister appears to have overstepped her role as executor, and views it as a free license to do as she pleases, and lord it over the rest of you. She is beholden to the laws of her state where your mother died, and must act accordingly.

What is the law when a father dies without leaving a will?

Q3. One of my friends father died without leaving any Will. He has two married sisters and no brother. One of his sister is insisting that she should be given ½ of the share as other sister is not interested in claiming any share. What is the law in this context?

What can I do if my sister who is executor is being deceitful?

What can I do if my sister who is executor is being deceitful? My mother passed away 6 months ago and put both my sister and myself as executor to her estate. Being that I live in another state I relinquished my executor role and let her and her husband be sole executor.

When does the death of a sibling occur?

This may be true at any age, but if the death happens when the siblings are in older adulthood, the person who died may have been one of the surviving sibling’s few living family members

Who is the author of when a brother or sister dies?

The author, Claire Berman, interviewed psychologists, bereavement specialists, and siblings who have suffered the loss of a brother or sister. She herself is a surviving sibling. When a Brother or Sister Dies is so much more than a self-help book. It’s a journey of self reflection and healing.

How old was my brother when he died?

Haley’s Comet was in the sky, and our whole family (five of us) plus an aunt and two cousins went camping to a park in the north to get the best view. We were all in a mini van. The holiday was glorious, and my brother, who was 11, said to my mom at the end, “I’ve had such a good time.

How can I get my Sister out of my mother’s will?

Speak to your sister and tell her that she cannot simply claim assets as her own because she is executor. Seek legal advice, in the meantime. Given what you say, there may be grounds to remove her as executor of your mother’s will or, at the very least, force her to comply with her fiduciary duties.

What happens to my sister if there is no will?

If there is no will, your sister would be known as an administrator rather than an executor. If there was no will, your mother’s estate would likely be divided up among her children equally. A trustee simply manages the trust. Don’t miss: Can I leave my stepchildren nothing if my husband dies?

When do you lose touch with siblings after a parent dies?

While I only restarted communicating with my oldest brother when our Mum was hospitalized before her death months later, it was that brother who died 2 months after our Mum, and the remaining brother decided to focus all his energies on amassing his fortunes by stealing our parents’ funds, before our father is even dead.

Who is the sole beneficiary of my mother’s estate?

My sister never said when she changed over our Mother’s account and DEFINITELY left out the part where she named herself the sole beneficiary.

When did my mom and my dad die?

Interests:my interests are in reading and scrapbooking. Hi, I really do not know where this goes when talking about death but here it is anyway. My mom died April 18, 2005 and my dad died August 25, 2005 and now that they are both gone I have lost most of my contact with my siblings.