questions & answers

Question: My mother recently passed away and her will states that everything is to be divided among my 2 sisters and I. She has a house with a loan on it, a vehicle that is paid for(that my oldest sister now has), property that my other sister and her husband say is now theirs and I have only small things. The house is to go to the three of us but I can't get any info from my older sisters about it. And now my nephew and his girlfriend and son are living in the house and paying my older sister. What can I do ??

Answer: The following is provided for general information only. If there has been a personal representative appointed to the estate, they are bound by a fiduciary duty to the estate and typically are required to make an inventory and appraisal and divide the estate as stated in the will. However, if there has not been a personal representative appointed by the Probate Court, then the designated personal representative from the will may petition to be appointed.  Forms are available online to do so here. Probating of a will is a complicated matter, and as such includes many variables and to find out how the law applies to a specific situation, contact an attorney directly.