Legal Question in Wills and Trusts in Minnesota

Executrix Refuses To Distribute Estate Funds To Heirs

My sister is the executrix of our mother's will. Mom left CD's ''payable on death'' to the four siblings and her house which is in the names of the four siblings. My sister hired an attorney to ''help'' her take care of the estate. She has control of the estate checking account with sufficient funds to handle the house expenses until it is sold. There are no other bills or outstanding debts against the estate. We (the siblings) have asked her to release the CD funds to us. The bank agrees that they just need a request for payment and they will issue four equal checks. Sister is now threatening to put the ''estate'' into probate unless we agree to pay her a considerable amount for her time and trouble. We have offered her 2% of the estate. She continues to hold our funds hostage. She and ''her attorney'' now refuse to respond to any of us. We are all out of the area. Can she put the estate in probate without our knowledge and/or approval?


Asked on 12/09/00, 7:09 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Executrix Refuses To Distribute Estate Funds To Heirs

Your question makes no sense whatsoever. If the bank accounts are payable upon death, then they are not part of the state and would not be subject to probate. The bank would simply pay the money from the accounts to the people named as the beneficiaries. You say the house is in the meaning of her children. If this is the case, then they already have the house. If there's anything in the estate needs to be distributed, then perhaps you want to put it in a probate because the court will order distributed.

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Answered on 12/11/00, 1:15 pm


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