AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Question Our mother died, she appointed myself and my sister as executors of her will. In the will my mum left me her house. The house sold. My sister is now refusing to sign "whatever form it is" which allows the money to be released from the solicitor who sold the house and for the money to be given to me, as stated in the will.
The solicitor says, the actual ownership of the money is vested in both me and my sister as executors of the estate. He suggests we open a joint bank account and he can send a cheque made payable to both of us.
My sister doesnt want me to have the money for the house, even though our mother wrote that i should have the house, in her will.
The solicitors only other solution would be to have my sister taken off as an executor, but he says this will be very expensive... I feel like i have no alternative other than to give my sister the house money.
Answer Your story has some gaps. She cannot keep you from getting the money from the house. If the will says what it does then the house should have transferred to you before the sale. If not then all you need to do is to force the issue with the court. The attorney seems to be playing games also. If the house was in the will to you then the closing could have been conducted with the proceeds going directly to you. Also if the account is controlled by him then he can issue the check to you if in fact the will states what you say. If you give your sister any of the money you would be foolish. If this case is pending in Indiana in any county you are on solid ground to demand payment. If you are a co-executor and there is no requirement for dual signatures on the account then you can write the check to yourself. YOu will have to pay Indiana INheritance tax if due but without kowing the size of the estate I cannot tell you what the amount would be. JDH
