Can a court appointed fiduciary appoint my sister to?

Since the court appointed the fiduciary the court can remove the fiduciary. You will need a good probate attorney. Also the fiduciary, may be a licensed professional fiduciary and you can complain to the department of consumer affairs as they are the agency that licenses the fiduciary.

What to do if your sister is appointed executor of your mother’s will?

If your sister has been appointed executor of your mother’s will by the probate court, you have to give her at least 6 months to complete her assignment. If she has not been appointed, you can oppose her appointment by the probate court on the grounds that she was POA and used your mother’s money and it needs to be investigated.

Why did my sister take over my mother’s estate?

Your sister appears to have overstepped her role as executor, and views it as a free license to do as she pleases, and lord it over the rest of you. She is beholden to the laws of her state where your mother died, and must act accordingly.

Who are personal representatives and who are fiduciaries?

“Fiduciary” – An individual or trust company that acts for the benefit of another. Trustees, executors, administrators and other types of personal representatives are all fiduciaries.

What to do if siblings are named as fiduciaries?

If siblings are named as fiduciaries, they need to formally decline the appointment. This step should only be taken if the siblings agree on the appointment of the person who will act as fiduciary—whether this is another person in the family, an attorney, CPA, or a bank’s trust department—and if the estate can afford the payment for this service.

Can a sibling decline to be an executor or trustee?

Siblings can decline an appointment as executor or trustee so that someone else can be the fiduciary and make decisions on asset distributions. If siblings are named as fiduciaries, they need to formally decline the appointment.