power of the Executor

[LBR]

The name of my state is New York.

My mother has advanced cancer and my younger sister is the executor of the estate. My Dad is deceased. What can the executor "do" that may be a threat to the money that my parents set aside for me ? I realize that the estate must be settled completely most likely before it is clear exactly what remains. Right ? Is there anything that I may need to do to "protect" my inheritance since I do not entirely trust my sibling ? Is it best to have an attorney on board for once my mother has passed or is that really expensive? We are not people of means so whatever money is allocated to me in the will is important to get. My sister is the only one that has an inside perspective of what is going on as far as the estate goes and will n ot share with me. Also, she is a person of means and I am not. My mother has a revocable will and what does that mean ? Thanks.What is the name of your state? New York and my mother is from Massachusetts.

 

[Betty]

The name of my state is New York.

My mother has advanced cancer and my younger sister is the executor of the estate. My Dad is deceased. What can the executor "do" that may be a threat to the money that my parents set aside for me ? I realize that the estate must be settled completely most likely before it is clear exactly what remains. Right ? Is there anything that I may need to do to "protect" my inheritance since I do not entirely trust my sibling ? Is it best to have an attorney on board for once my mother has passed or is that really expensive? We are not people of means so whatever money is allocated to me in the will is important to get. My sister is the only one that has an inside perspective of what is going on as far as the estate goes and will n ot share with me. Also, she is a person of means and I am not. My mother has a revocable will and what does that mean ? Thanks.What is the name of your state? New York and my mother is from Massachusetts.

When your mother passes away, her will be submitted for probate in Ma. (the state of her domicle). Your sister, as executor, will see that the assets of the will are distributed to beneficiaries per the will's instructions after debts, expenses, etc. are paid. Once the will is submitted for probate, it becomes public record & you can obtain a copy. You can, of course, obtain an attorney to look out for your interests if you believe it is necessary. A revocable will is one that can be changed by your mother while she is living as long as she is in "sound mind" to do so.

 

[Dandy Don]

Ask your mother where the will is and the names of the persons who witnessed it and ask if it was drafted with the assistance of a probate attorney. Sister could try to destroy the old will and get a newer one drafted that benefits her more favorably. Suggest that she name a trusted attorney or some other third party to be executor, who would be more objective, than sister.

Does your mother take medications that would affect her mental competency?

You also need to ask mother if she has given sis power of attorney.

DANDY DON IN OKLAHOMA ([email protected])