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Tuesday, May 25, 2010

What to do?

My sister was living in the house that my grandmother willed to me. She moved out this past Sunday and today I had a family member go assess the damage because I live out of state. Here is what they found:
-Trash throughout the house
-My grandmother's things ransacked
-My grandmother's bedroom suite was missing
-Various items throught the house were missing
-The kitchen cabinet doors were taken of the hinges and throughout the house
-Dirty dishes were on the stove
Needless to say I am devistated. The only reason she was in the house was because she wouldn't move out until I evicted her. I can't believe my own sister would do this. I think she was jealous I got the house and did this in spite. She is only 19 years old.
Legally, as Executor of my grandmother's estate, what can I do?
Answers:
You have said two different things and I have two different answers:
1. If you are the executor of your grandmother's estate and the estate is still in probate or otherwise not settled, you have the legal, "fiduciary" obligation to protect the assets of the estate and to bring action to recover items that were stolen from the estate or or destroyed. This is because as executor it is not all about you, it is about the orderly distribution of your grandmother's assets to her heirs. You can decide that it is not in the best interests of the estate to chase your sister and get nothing, but you will need to account to the court for the missing items and damage and explain your decision.
2. If the estate has been fully settled and you are the legal owner of the house, you are no longer the executor. The case is closed. You can decide whether you want to sue your sister or not over the damage she caused. But as others have said--she's your sister and she's got nothing, so what's the point.
As for these other people attacking you, I don't get it. I have seen many cases like this over the years. Most often, the grandkid living in the house is there because they are drug addicts or some other nonsense and when the parents or grandparents die the bottom feeder takes full advantage of the situation. You should not feel guilty because you were left with the responsibility of cleaning up this mess.
Probably nothing, but have you ever heard of legal aid? Look it up in the phone book!!
Let it go... cut your losses. Not like a 19 yo has any $$$ to sue anyway.
You got the house what did she get? Thrown out in the street? Dirty dishes and trash, sounds like she was there with grandma...where were you?
You could sue her for the damages. Do you really want to do that though to your sister? These kinds of things tear families apart. You got the house. What did she get?
Well, when you were evicting her, she wasn't believing her own sister is doing it either!

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