Legal Question in Wills and Trusts in Arizona
Trustee charges to Estate
My sister is the Executor of our parents Estate. She sold our moms house for 115,000. The $ for the house were supposed to be split 5 ways between the executor and us other 4 sibs. The execitor has taken 35,000. for her ''work'' managing the Estate for the last (almost) year, since our Mom died. She has said that I owe the Estate over $12,000., for a loan she SAYS my Mom made to me. My Mom gave me $ from time to time, but the $ were never considerd LOANS and nothing was ever put on paper. My sister (Executor) is now saying that my share of the house ($11,300) is being kept by the Estate to ''repay'' this ''loan''... she sent all other sibs a claim form for their money and has only said that I will not be sued for the difference in what I ''owe'' and what my share covers. With nothing in writing, can she keep that money and redistribute 1/4 to each of the 4 siblings? What can I do to recieve my share?
2 Answers from Attorneys
Re: Trustee charges to Estate
Your sister sounds like she is on a renegade course of action, probably not advised by an attorney. You need counsel representing you.
We offer free, no obligation consultations at 480.835.1500. In person would be best, to examine all paperwork and letters.
Best regards,
James D. Jenkins
Re: Trustee charges to Estate
The fee the Executor has taken for her work seems very high to me. But, it's impossible to say without knowing the entire story.
Without documentation, the loan issue seems bogus too.
Remind your sister of the legal obligations she has as Executor, and the ask her to reconsider.
If you are still not happy with the outcome, then hire an attorney and challenge her in court.
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