Legal Question in Wills and Trusts in Indiana
Shenanigans of personal representative
A sister in law has been appointed personal representative but ALL the paperwork we have seen says this is PENDING. Meanwhile she is trying to sell of everything she can get her hands on, playing games with bank accounts that have beneficiaries, has taken the fathers car and is using it for personal use and is now trying to sell the house. Our lawyer says he is waiting to hear from her lawyer as to will they fight or let the estate be turned over to a bank for administration before he will file a protest. It has been 8 days and our lawyer is still waiting to hear from her lawyer and we are waiting to hear from him. Should we wait longer or get another lawyer? Is what she is doing legal? If not, what do we need to do in order to stop her?
1 Answer from Attorneys
Re: Shenanigans of personal representative
Most of your questions indicate that you really want to know whether you should fire your attorney or not. Have yoo given him instructions to proceed to court? Have you paid him to take this to court? It sounds like he is trying to keep the expense down for you. I suggest that you call your attorney.
If she was appointed personal representative, she has the power to sell within the terms of the Will (if there was one). Hard to tell if this is a intestate estate (without Will) or not. If there is a Will and she was named as Administrator, I would assume that she would "try" to sell property.
Since you have an attorney, he has surely told you what she can and cannot do and why. If he has not, why hasn't he? Have you asked your attorney these questions?
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