Is it legal for 1 sibling to appoint herself as the representative, sold the property and kept all profit and if not, what recourse do we have? 1 Answers as of November 03, 2016

My father left his home to all 3 siblings in his will. My sister had court appoint her as representative and quit claimed the property to herself, sold the property and kept all profit, leaving myself and my brother without anything.

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Sebby Law Office | Jayne Sebby
There may be a number of legitimate reasons why your sister could do this. As a court-appointed personal representative, your sister must file a list of your father?s assets with the court at the start of probate and a list of what happened to those assets when probate is completed. She is responsible for seeing that the terms of your father?s will are met to the fullest extent possible. She must also make sure that the outstanding bills are paid and that the expenses of selling or distributing the assets are covered (expenses like the realtor?s fee for selling the house). While probate is still on-going, she is responsible for holding any money made from the sale of the house and other assets in a special bank account . Only when probate is finished will she be allowed to distribute any bequests or cash to you and your brother. You can ask the probate court to order that you get a copy of every report she files. And you can object to the final distribution of the assets when she applies to the court to end the probate if you think that you were somehow cheated by her actions.
Answer Applies to: Nebraska
Replied: 11/3/2016
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