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Can you compel a personal rep. of the will to do so and how? If the personal rep. of a will did not follow the terms of the will, what actions can an interested party take?
17 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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As an interested party you can file a probate action yourself and ask that you be appointed personal representative of the estate. If the acting personal rep is not following the will he could be liable contact an attorney.
Answered on Mar 31st, 2014 at 8:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You file for probate if the PR won't and let the PR raise the issue. If the PR does not comply with the will, you ask the judge to replace the PR.
Answered on Mar 31st, 2014 at 8:30 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You really didn't give me very much information on this. Was there an estate opened in the probate court? It may be that there were no assets subject to probate. If there were no such assets (i.e., all assets in trust or with named beneficiaries) then the will has no application and it would not be probated. I would suggest you consult an attorney on this issue and provide much more information than you did here.
Answered on Mar 28th, 2014 at 5:34 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If the estate has a value greater than $150,000, it must go to probate. If the named executor does not file a petition for probate, then any interested party can do so.
Answered on Mar 28th, 2014 at 5:34 AM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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Yes, in California you can compel a will's probate if you have an interest in the estate. If there are assets that justify the expense, you hire a probate lawyer to pursue your inheritence for you.
Answered on Mar 28th, 2014 at 5:34 AM
First, contact an attorney and make sure you are right. Then, write a letter of complaint to the PR. Second, contact the probate court. Third, refuse to approve the accounting.
Answered on Mar 28th, 2014 at 5:34 AM
Edwin K. Niles
Yes. The person named in the will is not the personal rep until the court order says so. Without the order he would be acting without authority.
Answered on Mar 28th, 2014 at 5:33 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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More information is needed. How were the assets titled? If the assets were titled in the decedent's name alone, then probate would likely be needed and the Will would need to be admitted. If the nominated PR refuses to do so, then any interested party can open an estate. If the assets were jointly held or there was a beneficiary designated, then the Will is essentially irrelevant.
Answered on Mar 28th, 2014 at 5:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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An interested party who is not receiving what was allocated to them in the will, if there are sufficient assets to support the bequest, has a right to take the matter to probate court.
Answered on Mar 28th, 2014 at 5:33 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Whether to probate a will, will depend on the value of assets. Second you can petition for probate if the executor will not probate the will.
Answered on Mar 28th, 2014 at 5:32 AM
Unless the estate is very, very small and there are very few beneficiaries/heirs, the will should be filed with the probate court by the personal representative shortly after the passing of the testator. Then the court oversees the actions of the P.R. who is required to file a number of reports as she or he settles the estate. Once the estate is settled, the P.R. files a final report that the court reviews. If you think the P.R. has acted inappropriately, talk directly to him or her first. Sometimes the terms of the will can not be followed exactly as written for completely legitimate reasons, such as certain items bequeathed are no longer part of the estate at the time of the person's death or the estate owes significant medical bills and most or all of the assets of the estate must be sold to come up with the money. If you're still not satisfied, file a complaint with the probate court.
Answered on Mar 28th, 2014 at 5:32 AM
Thomas Edward Gates
The estate's direction, defined in the will, can only be done when an Executor has been appointed. If the Executor refuses to follow the terms of the will, you can schedule a hearing to force him comply or be replaced.
Answered on Mar 28th, 2014 at 5:32 AM
2 Awards
Not all wills are probated. If the total value of the estate is less than $150,000 a will does not have to go through probate. If you have an interest in an estate see an attorney to find out how to get your share.
Answered on Mar 28th, 2014 at 5:31 AM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: You may file objections to actions of a personal representative of an estate at the local fiduciary supervisor's office in the office of the county commission. You may also request the matter be referred to a special commissioner for a hearing on your objections to the actions of a personal representative. The matter is complicated and you should seek the advice of an attorney.
Answered on Mar 28th, 2014 at 5:31 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If a person has the Will they must file the Will with Clerk of the Circuit Court for the county within which the deceased resided at the time of death. The executor/representative must open a probate within thirty days of the date of death. If he or she fails to do so the Court or another interested party can open the estate. Willful failure to file the Will and open the estate is actionable and can be found to be a criminal offense. Willful failure to follow the terms of the Will can be found to be a breach of fiduciary responsibility and can result in damages. The actions of the representative should be brought before a judge. An interested party can open an estate and seek supervision by the court. If the improper actions of the representative can be proved then the representative can be removed from office and can be made personally liable for any resulting damages.
Answered on Mar 28th, 2014 at 5:31 AM
3 Awards
Probably best to consult a probate attorney where the Will is being probated. That probate attorney can advise you on next steps and costs.
Answered on Mar 28th, 2014 at 5:30 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Open the deceased estate at the probate court in the county where she/he resided. Serve the individual that you believe is the personal representative with notice that the estate has been opened.
Answered on Mar 28th, 2014 at 5:30 AM