The person who is the personal representative is disabled and has transportation issues. He does not want to be the named personal representative as it requests in the will. The backup person is also disabled, unable to drive (no license) and lives in MA. The lease on his apartment will be up in less than two weeks. What can be done in this situation.
Anyone can ask the court to be appointed Personal Representative, showing the Court that the nominated parties are unable and/or unwilling to serve, the Court will most likely appoint the person makeing the request or some alternate person.
If nothing has been filed, something has to happen. If the matter is pending and the Personal Representative has been appointed but is not taking any action, they can give some other person authority to help them, or to have a Co-Representative appointed who is better able to take action to preserve the property and take other time sensitive action. If a case is pending and there is a lawyer, call the lawyer to explore options to preserve the property.
Very little. Usually when someone dies, the apartment must be vacated within 30 days or the possessions in it are considered abandonned. If the estate consists of more than this, your probate lawyer can help the named executors who do not want to serve ask the court to appoint someone else.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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