2007-08-21 09:07:08 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If she was sane, and didn't leave anything to you (which, I'm assuming, is why you'd want to DO anything in the first place), then maybe you should take a long hard look at what kind of people you are.
Will contests are the most vicious, saddest, horrific things on the planet. Nothing is worse than a family ripped apart by infighting. It degrades you and your deceased loved one. Unless you've got a really good reason, don't open that can of worms.
If you're just waiting for the will to probate, call your aunt and ask her to do it. I'm not sure what the problem is here. If she's refusing, talk to an attorney. Ta-da, problem solved.
2007-08-21 09:12:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Probate Law varies by state. In my state, there is a waiting period between the passing of the deceased and the recording of the will into probate (2 weeks).
If your Aunt is not following the rules for an Executor, then you can petition the Court to have her removed from that post. However, you should be aware that in most states, a legal challenge to the Executor is paid by the Estate. In other words, the Estate pays the legal fees to defend it's Executor. Many people fail to realize this and cause the value of the Estate to dwindle to nothing as legal bills chew up the value of the Estate.
In order to have the Executor removed, you have to have a really good reason (incompetence is a good reason).
The first step is formally notifying the Executor that she is failing in her fiduciary duty to the Estate. It all has to be documented and provable.
PS: Be aware that the Executor is entitled to a fee for her efforts, even if she is awarded an inheritance within the will - the fee is over and above any inheritance your Aunt may be entitled to based on the Will. The fee is usually a percentage of the total value of the estate, which comes off the top before any distribution to Heirs. The amount of the Executor's fee also varies by state.
2007-08-21 16:20:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Check with your Probate Court. The executor gets a percentage of the properties (cash value) that are included in the estate. They have to do the job though. Nothing should be removed or sold until the will is probated.
2007-08-21 16:12:58 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
Remind her that it is her responsibility, as she is the executor, other than that there isn't anything that I know of, however, you might want to consult an attorney that is in this field and see if there isn't some avenue left open for you to take!
2007-08-21 16:16:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
in some states it may take up to one year ??
2007-08-21 16:15:00 · answer #5 · answered by ? 6 · 0⤊ 0⤋
Has a death cert. been issued . . . we had to wait six months to file due to conflicting pathology reports.
2007-08-21 16:11:28 · answer #6 · answered by CHARITY G 7 · 0⤊ 0⤋