QUESTION
Is it difficult to have an executor removed
Asked on Feb 05th, 2022 on Wills and Probate - Georgia
More details to this question:
My mother died almost 6 years ago, my father 5 years ago. My sister is the executor of the will, the house is half mine. She cannot buy the house because of credit issues. It was never agreed that she live in the house. Until las year no notifications had been made, the bank, mortgage company, and homeowners insurance were unaware that my parents have died. I would like to have the house sold. I spoken with the insurance company and they will not renew the insurance in June. I need a resolution before then. Please advise
2 ANSWERS
4 Awards
It's not clear to me whether your sister ever even actually got appointed as the executor of either of your parents' estates. Just because they may have had Wills nominating her does not make her the executor, and in a case like the one you're describing, where nothing else appears to have been done, she may well not have even offered either Will for probate.
You need to consult an attorney who can help with contested estates (look for one who handles fiduciary litigation as well as probate matters). The attorney can speak with you and try to figure out more about what has been done so far and then help you figure out what your options are. Unfortunately, this kind of situation is not one that can really be addressed in an online forum like this.
Answered on Feb 07th, 2022 at 5:46 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.
Probate Litigation Attorney serving Lawrenceville, GA
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While not easy, removing an executor is a fairly common action heard by probate courts. The facts you stated are also fairly common. Filing a petition for settlement of accounts is how you get the executor removed. A qualified probate lawyer can assist with this action.
Answered on Feb 06th, 2022 at 5:21 AM