QUESTION

Can a lawyer simply ignore a coexecutor nominated in the will and begin the probate process or is this malpractice?

Asked on Mar 18th, 2012 on Trusts and Estates - Pennsylvania
More details to this question:
My brother hired an attorney to represent a large estate. I am the nominated co excutor named in the will. There are 13 beneficiaries (not all of them happy campers.) My brother said that his lawyer recommended I renounce my coexecutorship. I said that I would do that with the specific caveat that I would be named the alternate executor. I received a "renunciation of executorship from the probate court via her office" with no other documents. Her office has sent a copy of the will to all beneficiaries and they have all been asked to sign a renunciation of executorship and sign off that he will be sole executor. I found this out after it was done. I have called and emailed her to discuss the alternate beneficiary status. She will not talk to me and has directed her paralegal to simply tell me that she understood I would sign this renunciation, and if I want to talk to her I need to get my own legal representation. I have not signed the renunciation papers.
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1 ANSWER

Adoption Law Attorney serving Easton, PA at Ellen S. Kingsley
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You need to get an attorney.  This is obviously a complicated case and does not lend itself to an easy answer on this forum.
Answered on Mar 21st, 2012 at 12:28 PM

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