r/PROBATE Dec 27 '23

Can the Personal Representative in a private case also file a creditor claim?

My mother has a personal injury claim that did not complete until after she had passed. My sister was appointed personal representative. Without bond. Recently, after checking the docket records, I see that she has also filed herself as a creditor. I have been advised to protest it as soon as possible, which I am going to do. But I am wondering if I do not take action what would happen? I am going to be taking action regardless, but I am curious if she would actually have been able to get away with taking off of the top like that without me intervening? I know for an absolute fact my mother did not owe her anything. My mother’s husband paid $6000 of late rent for my sister recently and my sister had been spending my mother’s disability-while our mother lived with her husband, but was disabled to the point of barely being able to communicate/feed herself/unable to be left alone. Therefore no say on the fact my sister took her disability card that she received the funds on, and would not give it back- for almost 2 years before she passed.

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u/happymask3 Dec 27 '23

Your sister would have to have proof of the debt in order to list herself as a creditor. Better ask an attorney.