Re: What to do when an executor refuses to execute the will as written?
- From: "McGyver" <Greyprof@xxxxxxx>
- Date: Tue, 29 Nov 2005 17:00:06 GMT
"DfwHunter" <fulfer@xxxxxxxxxxx> wrote in message
news:1133279754.855772.321900@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>I am one of the beneficaries in my mother's will. The other three
> beneficaries are my two sisters and brother. My brother is also the
> executor of this will. The will my mother left states that my one
> sister can remain in the house for six months and after that the home
> is to be sold and the proceeds split between the 4 of us. It has been
> a 18 months since my mother passed away and the executor is still
> allowing my sister to live in the house without putting it on the
> market. The estate is still paying for all the insurance, maintanence
> and upkeep on the home. I am at a loss as to what to do. My brother
> is an ex-attorney and has hired a friend at a very discounted rate to
> be the attorney for the estate. When I even asked to see the Inventory
> and Appraisment I was told by the attorney to get it from my brother.
> I eventually had to go to the courthouse to get a copy. I have found
> errors in this document. The will also states to change Oil and Gas
> Leases into the Grandchildren's names but my brother refuses to do so.
> He is interperting the will subjectively according to what he thought
> "Mom meant" instead of executing the will as it states. What legal
> recourse do I have?
Relax. First, make sure you are on the list of people who automatically
receive copies of all court filings. File your objections in probate court,
in proper form and at the proper time, to the executor's filings, including,
eventually, the executor's request for approval of the final distribution
plan. If the executor violated the terms of the will in ways which cost
the estate money, file a motion for a surcharge against the executor, at the
proper time. If the final distribution plan includes people who are not
proper beneficiaries, or doesn't include people who should be beneficiaries,
your objections will say so. You can also write to the executor, telling
him what you think he should be doing and stating that you will be filing
the proper motions and objection. That letter might influence the executor,
and might be useful someday if you need to show the court that the executor
knew about the objections of a beneficiary. If you need an attorney to
prepare the objections, hire one. The grandchildren may need an attorney of
their own to file their objections. Your attorney will advise on that too.
McGyver
.
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