Legal Question in Wills and Trusts in Connecticut
Dual Executrices
My mother died MAR 04. In her will she designated both my sister and me as co-executrices. My sister immediately went out and hired an attorney without my consent or approval. She and this attorney are now petitioning the probate court with my sister as the sole executrix. They are both denying me access to the details of the estate bank accounts and any details about how much the attorney is charging. How can I be sure that I am not ''muscled'' out of my role as co-executrix by my sister and her lawyer? Do I have a right to hire my own attorney and have his/her fees paid for by the estate?
1 Answer from Attorneys
Re: Dual Executrices
The court will normally follow the wishes of the testatrix and appoint both of you as co-executrices, unless there's some compelling reason to do otherwise. The court must schedule a hearing on the admission of the will. You should be at that hearing in person or hire your own attorney to be present to insist that you be appointed as co-executrix. The estate will pay for the attorney's services. It's a waste of money, in some respects, to have two attorneys, but this will not be a big shocker to the probate judge; inter-family battles are hardly unusual. Also, when the sister filed the application for admission of the will, she probably also included a "court memo" (most probate courts require them) which will give a ballpark figure as to the size of the estate. The court should mail you a copy if you ask, or your lawyer could certainly get one. We'd be interested in representing you, depending on where the probate court is.