Legal Question in Wills and Trusts in South Dakota
Family Troubles
My mother passed away August 2006 and we are yet to see any information as to what she said in the will. My sister is the executor and said that mom left the money and possessions to the 5 children to be split evenly. My sister is saying that since her name was on the accounts along with mom's she can take what she wants because all the money is her's and so are the stocks and bonds.
2 Answers from Attorneys
Re: Family Troubles
First find out if the sister was a cosigner or holder of the account. Second the will has to be exceuted. If she does not do what is required just file with the court for probate
Re: Family Troubles
Your sister seems to be over-reaching. Her name may be on the checking accounts and stocks, but my guess is that was for the convenience of your mother. I doubt your mother intended your sister to own the property, where she left a will leaving it equally to all the children.
You should hire a lawyer to get a probate started.
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