My father passed away in June. My family was very toxic. My sister did drugs with my mother when she was alive. My father was 77 years old and would tell me your sister is going to take all of my money when he dies etc. Well my sister got the house. He claimed to have a will but we never found one. My sister drinks in front of her 4 year old and we dont get along. We have a probate attorney. She would say I'm going to do 50 50 on his house etc. There are 2 high accounts believe he forgot about in probate that have no beneficies. .I loved my dad. I believe he was taken advantage of but there is nothing I can do. I just want to get through probate and be civil but talking on the phone she will make rude comments. Tell me I need therapy etc. It's bad. I've made comments about her drinking around her child. Can I request to the probate attorney that I am not comfortable talking to her on the phone? This has been very hard on me.
Your sister gets nothing until probate is done. Probate has to be shown that everything has been carried out and an accounting made. If you don't agree with the accounting, then don't sign it.
2. Do NOT talk to your sister. If she wants to communicate with you let her do so through the lawyer.
I can tell you that the only person that will "win" in this situation is the lawyer. The longer this drags out the more he/she will make. The more communication that has to go through the lawyer or their office the more they will make.
Let her calls go to voice mail and let the lawyer hear them.
This issue with a child being in an unsafe environment should come before anything else. Period, end of sentence.
One additional info: since there's no will, you are not obligated to agree to a 50/50 split. The law has a specific way of handling estates without a will, and your attorney can help ensure everything is divided according to your state's laws, which might not be an even 50/50
About the sister drinking around her young child — if you think the child is in danger of neglect or abuse you could anonymously report her to CPS.