Follow
Share

My sister's attorney is saying she's coming over tomorrow to inventory all the assets. Does she have this right if I've contested her being Personal Rep? I don't have money for an attorney. My parents ( my Mom passed in 7/2020) lived with me and my husband for 13 years. Where was she??

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I don't know what a "Personal Rep" is for a deceased individual... it sounds like your sister is the Executor of the Estate, which would be authorized in a legally executed Last Will created by your father. Is it your sister's attorney who contacted you, or the attorney who created the Last Will for your father? Just because she is taking inventory does not mean she is inheriting those items. She may be just carrying out the duties of an Executor and preparing to distribute assets and possessions that your father had itemized in his Last Will. There is a legal process to it, so please be patient and cooperative, no need to get nervous until you understand how it all works. It is not fair to ask "Where was she?" when your dad was still alive in regards to what your sister is doing now...if she is acting legally, then this is what your DAD set up. Others on this forum may be able to tell you whether she needs to present proof of her Executorship, if that will help ease your mind and heart. Maybe call back that attorney and ask what the process is so you know what to expect. You are still grieving so everything feels tender right now. I'm sorry for your loss and hope all goes well as your father's final wishes are carried out.
Helpful Answer (2)
Report
Nickie1970 Feb 2021
Thanks so much Geaton777. Yea, she's not the Executor in the will. The attorney who wrote the will was appointed the Executor in the will, but he's no longer practicing.
(1)
Report
Sadly, this is all too common. It’s sad that there isn’t always open communication within family members and you are left guessing about what is going to happen.

I am sorry for your frustration and pain. I hope this will move forward in a positive direction.

So very sorry for the loss of your father. Wishing you peace during this difficult time.
Helpful Answer (1)
Report
Nickie1970 Feb 2021
Thanks so much!
(1)
Report
You don't appoint yourself as anything in the United States. Was she appointed by the court? You say you have contested this. Where does that contest stand at present. You say you can't afford a lawyer. Who then contested this appointment as personal rep, and again, personal rep to WHOM. Is there an executor of the estate and she is acting as personal rep to that person?
You have to be appointed by a Court or by a will in which you are named executor of an estate. If you are executor and have letters testimentary andhave filed probate then I assume you can appoint a personal rep. Is that what has happened. I really don't understand what has occurred here at all.
Helpful Answer (1)
Report

Nickie, so sorry for the loss of your father. Sending my thoughts and prayers to you. If your sister is executor of the will she does have some rights, and will have the responsibility of paying any outstanding bills, taxes, and managing any assets. Handling everything after a loved one dies is a lot of work, and certainly very stressful. I would try to cooperate with your sister as best as you can if she is the executor of the will. I have seen too many families breakup because of money and possessions, In my opinion I would want peace over conflict any day. You are dealing with enough stress losing your dad. Let things settle a bit and If your father named you in the will, you will get what you are entitled to. Very difficult situation I know. I was in a similar situation after my dad passed with one of my brothers. My relationship with my brother suffered and we are not close today because of all the stress and turmoil. I do hope everything gets settled for better for both you and your sister.
Helpful Answer (2)
Report
Nickie1970 Feb 2021
Thanks so much earlybird! I really appreciate it. Neither of us were named in the will-it was written when I was 6mos old and she was 5 years old. Yea, it's sad and ridiculous. She made herself the PR and I went to the court to contest. So now we have to wait for a Zoom hearing.
(0)
Report
Sis cannot appoint herself. If court had appointed her you would have received a copy of the court order. She has no right to anything without the court order.
Helpful Answer (1)
Report

Nickie, I am more confused than ever by your response. You say that you have found a will. It is 50 years old and your sister wasn't aware of the will. You say that the person/attorney who wrote the will is the Executor. Is that person still alive and in practice? Was this will you found presented in court when the Sister became personal Representative?
This is just very confusing.
Helpful Answer (0)
Report
Nickie1970 Feb 2021
Forgive me AlvaDeer. No. My sister didn't know about the will and I honestly had forgotten about it. So I went and submitted the will. The attorney that was appointed Executor, I did find, but he's not practicing anymore and does not want to be Executor. That's why we're waiting for a Zoom hearing. I was able to go to the court the other day and file a "stay" order, so now everything is at a standstill til the hearing, which I'm grateful for. My sister was trying to get items that don't belong to her and I didn't want that to happen. I hope that clears it up. My apologies.
(1)
Report
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter