Executor suit: My sister is the executrix of our mother's estate and has filed a lawsuit against a facility where our mother lived. Our mother was locked outside and died of hypothermia. What are her duties as an executrix? Do we relinquish all control by having her be the only one involved?
Your sister should have a probate attorney help her get the will admitted to probate so that she will have the legal authority to act on behalf of your mother's estate. If there was no will state law will provide an alternate procedure (intestacy) for your sister to be appointed (but in intestacy if there are siblings your sister may not be the sole executrix). Your sister, in her capacity as executrix (administrator, personal representative, or whatever term is used in your state) should then hire a litigator and file a suit against the facility. If your sister is in fact the only executrix she will have to act in a fiduciary capacity on behalf of the estate. That means she will have to act to protect everyone's interests that are beneficiaries of the estate, not only her own. Acting as a fiduciary requires a high degree of good faith, a higher standard than would apply to anyone acting merely in their individual capacity.
Subscribe to our email list to receive information on consumer webcasts and blogs, for practical legal information in simple English, delivered to your inbox. For more professional driven information, please visit Shenkman Law to subscribe.