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In December 2012, my sister agreed to pay me monthly and to sell the house. She hasn't made a single payment. The house is still in my deceased mother's name. She says she'll pay up every time I ask but never has. My attorney removed himself because I can't afford to pay him anymore. Please tell me how to handle this?
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Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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If she has already been appointed by the court as personal representative, and still has not done anything to get the house sold or rented out, or if she is living in the house, you need to file a motion to have her removed as personal representative. You do not necessarily need to have an attorney prepare the motion. You can act pro se (as your own attorney), and send to the court a letter asking that she be removed. State why you want her removed, and that you be appointed instead of her. Be sure to send a copy to your sister. The court should then schedule some kind of hearing where you can present to the court what has been going on for two years, and hwy your sister should be removed. You may be able to find an attorney who will take the case for a reduced fee, or wait for fees until after the house is sold.
Answered on Oct 28th, 2014 at 10:22 AM