My father died 8 months ago leaving my stepmother as executor of his will. She doesn't want anyone to have anything so she is doing nothing about distributing the inheratence among the children. She wants to wait until she dies before anyone gets their inheratence. Can she be removed as executor? if so, how?
2007-02-25 02:47:12 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
She can be removed and it's fairly easy. You do not need to be negative about her in the pleading on a personal level. You file a motion for "Substitution of Executor". In separately numbered paragraphs, state the date of your father's death; the fact that the executor has taken no effective action; that the family needs closure. Courts do not want cases to linger. Judges get funding based upon their case load and it looks good to move cases through the system.
2007-02-25 02:57:45 · answer #1 · answered by David M 7 · 0⤊ 0⤋
Most wills provide that the spouse has at least the use of the estate, if not outright ownership of the estate, on the death of one of the married parties. Some state laws allow the widow to use some or all of the estate until her death or at least the house until she dies or leaves it.
Without reading the will and knowing what state it is being probated in, I can't say much more, other than talk to a probate or estate lawyer in your state.
2007-02-25 02:57:43 · answer #2 · answered by thylawyer 7 · 0⤊ 0⤋
I believe she can be. BUT this has to be done in court and you're going to need a lawyer. I have a cousin (by marriage) who's father passed away. This cousin was suppose to get the fathers truck and his motorcycle. The widow BIOTCH that she is transferred the registration of BOTH to her name as she could legally do this by law and has since REFUSED to give ANYTHING to any of her husbands kids. BUT she has taken good care of her own kids. I am sorry for you, You have my most sincere condolences.
2007-02-25 02:58:07 · answer #3 · answered by GRUMPY 7 · 0⤊ 0⤋
only if you hire a lawyer and he can make a believable point that she's incompetent. But you're in deep **** dude. I would be hating her guts right about now.
2007-02-25 02:53:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You would need to get a lawyer and take her to court.
2007-02-25 02:54:54 · answer #5 · answered by redunicorn 7 · 0⤊ 0⤋
Get an attorney and go to court.
2007-02-25 02:54:24 · answer #6 · answered by Kenny Ray 3 · 0⤊ 0⤋