Jump to content
tracy.hebert

trying to grieve with an evil brother and an evil sister

Recommended Posts

My father passed away October 6, 2014. He assigned my sister in law as executor of his estate. He did not have a will because the only property he had was 3 trucks, a boat, and a utility trailer. My father wanted one of the trucks to stay at the property that he changed the deeds on before he passed. Then he wanted my sister in law to sell the other 2 trucks, the boat and the utility trailer and split the money 6 ways. I have one brother who passed away, then I have another (evil) brother and 4 sisters, (one of which is evil). My father is only on the birth certificate of my brother that passed, my (evil) brother and my (evil) sister. Myself and 2 other sisters do not have my father on our birth certificate. I need to know what rights we have to fight my brother and sister on my father's estate so that they don't take our part of the estate that my father wanted split 6 ways. And I need to know what legal rights my sister in law has as the executive of his estate.

Share this post


Link to post
Share on other sites

Either he has a will and an executor or no will and no executor.  How did he "assign" your sister in law to be executor without a will.

 

In order to protect yourself, someone will need to open a probate. But if there is no will, you are going to be required to prove you are his child, if the others contest it.

Share this post


Link to post
Share on other sites

My father passed away October 6, 2014. He assigned my sister in law as executor of his estate. He did not have a will

 

First of all, while many folks nominate executors in their wills, only a court can appoint an executor of an estate.  Second, if your father didn't have a will, then he cannot have nominated an executor.  This, it's not clear what the second quoted sentence above means.

 

 

 

He did not have a will because the only property he had was 3 trucks, a boat, and a utility trailer.

 

So...he had no clothing or jewelry or furniture or household items?  How odd.  It's also not really a good reason not to have a will.

 

 

 

My father wanted one of the trucks to stay at the property that he changed the deeds on before he passed. Then he wanted my sister in law to sell the other 2 trucks, the boat and the utility trailer and split the money 6 ways.

 

If he had no will, what he might have "wanted" is legally irrelevant.

 

 

 

then I have another (evil) brother and 4 sisters, (one of which is evil).

 

Out of curiosity, if these folks were posting here, would they characterize you as "evil"?

 

 

 

Myself and 2 other sisters do not have my father on our birth certificate. I need to know what rights we have to fight my brother and sister on my father's estate so that they don't take our part of the estate that my father wanted split 6 ways.

 

If the man in question is not on your birth certificate, then what evidence do you have that he actually is your father?  If push comes to shove, you'll have to be able to prove this with admissible evidence.

 

In any event, if your father died without a will, then his entire estate should be divided evenly between his children.

 

 

 

And I need to know what legal rights my sister in law has as the executive of his estate.

 

A person does not gain any legal rights as a result of being appointed as an executor.  Keep in mind that, if your sister-in-law has not been appointed by the court as executor, then she is not the executor.

Share this post


Link to post
Share on other sites

Hi there,

 

As the others have said, if there was no will, your father could not have appointed your SIL executor of the estate. Did the court appoint her, or did she merely proclaim herself "executor"?

 

Given the circumstances of your situation, I would strongly suggest reading up on the issues of probate and estate administration. You might also consider discussing your case with a local probate attorney, as he/she can help sort out what's going on with your SIL, as well as help you deal with any issues that might arise re: proving your relationship to your father. Good luck!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...