QUESTION
What are our options if executor dragging on the estate?
Asked on Nov 15th, 2013 on Estate Planning - Michigan
More details to this question:
My dad has been gone for nearly 2 years and the estate has yet to be settled. The executor who was named in the will, don't know if she was named by the court or not, has yet to settle the estate. There were no properties or anything of really high value other than a motorcycle has dragged this on, lied to us and in general just been difficult. The lawyer handling the estate has been difficult to deal with as well. He doesn't talk to us if he can help it and it is nearly impossible to even get a hold of the guy. There is still a large portion of stuff, musical instruments mostly, that has yet to sell. My brother and I want this over. What options do we have?
17 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Petition the Court to replace the Personal Representative.
Answered on Nov 22nd, 2013 at 6:35 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You can get your own attorney to represent your interest. You can also file a motion to have the executor removed if she is not fulfilling her duty as executrix of the estate. You do not have to wait if you feel that she is dragging this out. It should not take two years unless there are other more difficult issues involved. It would not hurt to consult a probate attorney to find out your options.
Answered on Nov 22nd, 2013 at 6:18 PM
David Thomson Egli
Based on the information in your question detail, two years should be enough time to settle this estate. Also, it sounds like the value of your father's property would not have required a probate to settle his estate. If the executor is not cooperating to get this estate settled, you will have to file appropriate probate petitions to compel her to cooperate or have her removed as executor. Go check the records at the clerk's office at the court in the county in which your father lived to determine if there is a probate case is pending. If a probate is pending, a petition to remove the current executor can be filed. You will also need to file a petition to have you or your brother appointed as administrator of the estate to replace the current executor. If no probate is pending, a petition to appoint you or your brother as the personal representative can be filed. Of course, resolving this without court action would probably be faster and cheaper, but only the court can force cooperation.
Answered on Nov 20th, 2013 at 9:22 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Take him to court for breach of fiduciary duty. If that is all that needs to be distributed it is ridiculous that it has taken 2 years.
Answered on Nov 19th, 2013 at 8:59 PM
Edwin K. Niles
If there is a probate case, it can be indexed and then you can review the court file. If this is a small estate (under $100,000) then you might have to deal with the attorney.
Answered on Nov 19th, 2013 at 8:58 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the personal representative was not appointed by the court, then there is no personal representative. 1) are you sure this is an Oregon question? You use the term "executor," which is not used in Oregon any more. 2) The lawyer representing the personal representative can't talk to you; you're not his client, and he has to be very careful not to let you get to thinking you are. In two years, if they have actually submitted this to probate, you will have gotten numerous court documents an Inventory, annual accounts. If you have not, then it was never submitted to probate, so there is no personal representative. It seems very likely that you are being "shined on." If there is value at stake, hire a lawyer.
Answered on Nov 19th, 2013 at 8:58 PM
If the executor isn't proceeding with the estate in a reasonable manner, petition the judge to have the executor and the attorney show cause as to why it is taking so long to settle things. Some times there are legitimate reasons for needing extra time; sometimes it is just a failure to get things done.
Answered on Nov 19th, 2013 at 8:58 PM
Not proceeding in a timely manner can be cited as the reason for the removal of the executor. You should consult a probate attorney to review all of the facts and advise you.
Answered on Nov 19th, 2013 at 8:57 PM
William M Stoddard
Make a motion to the court office assigned on the case asking for an accounting or a status report. You can also ask the court to remove the executor and assign someone else to finish the estate.
Answered on Nov 19th, 2013 at 8:38 PM
You can file a Petition with the Court seeking removal of the Executor. Before you do this, consult with an attorney specializing in estate litigation.
Answered on Nov 18th, 2013 at 2:53 PM
2 Awards
Hire an attorney and file a petition for removal and accounting. That usually gets things moving. Otherwise you wait because it does not look like you are getting anywhere on your own.
Answered on Nov 18th, 2013 at 2:52 PM
Thomas Edward Gates
Retain an attorney and request an accounting of the estate. The Executor is required to do an Inventory of the estate identifying all assets and debts.
Answered on Nov 18th, 2013 at 2:52 PM
3 Awards
Check with the court to see if an estate has opened. See if the Will has been deposited. You probably need to consult with an estate attorney where your father died to assist you getting this matter resolved. Best of luck to you.
Answered on Nov 18th, 2013 at 2:51 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Two suggestions. Obtain a copy of the court file. Second, secure the services of a probate lawyer to represent you to communicate with the probate lawyer representing the executor, and provide a copy of the file to the lawyer, keeping a copy for yourself.
Answered on Nov 18th, 2013 at 2:51 PM
You can file a petition with the court for a full accounting of the estate and the executor's actions/inactions.
Answered on Nov 18th, 2013 at 2:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to hire your own attorney to look into it.
Answered on Nov 18th, 2013 at 2:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The answer depends on a number of facts not clear from your summary. If there is no probate estate open, then there is NO personal representative and NO ONE has legal authority to do anything, at this point. You should be able to check that with the court to see if an estate is open. If an estate IS open, then there should be an inventory of the assets making up part of the estate and the value of the same. There should also be annual accountings provided. My concern, based on your limited facts, is that there may not be an estate open and the personal belongings may not be of sufficient value to justify an estate. It can cost thousands of dollars to administer an estate, and if the assets of the estate are insufficient, your sibling may have decided not to do anything.
Answered on Nov 18th, 2013 at 2:50 PM