QUESTION

Should you let a self appointed personal representative delay probate longer than 9 months without providing a clear inventory?

Asked on Dec 15th, 2016 on Wills and Probate - Maine
More details to this question:
I'm having some difficulty getting a clear picture of my parents estate from my brother who was appointed personal representative May 25th 2016. My father who passed away March 10, 2016 said a paid tax preparer had to file an extension for his 2014 taxes. My brother has a lawyer named Victoria Powers involved so I'm assuming everything is on the up and up and maybe I just need to wait?
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1 ANSWER

Maryellen Sullivan
Hi - A personal representative cannot be self-appointed, but it sounds like your brother was named in your dad's Will and then appointed by the probate court.  A personal representative is required to provide an inventory (a list of estate assets) within three months of appointment.  Since this hasn't happened, I would encourage you to request it in writing, sending letters to both Victoria Powers and your brother.  Personal representatives commonly fail to provide information and updates, which can lead to conflict or at least suspicion.  Usually a request is enough, but you also can petition the probate court to require an inventory, to supervise your brother's administration of the estate, or even to remove him if he is not fulfiling his duties.  Estates must be kept open at least nine months so the delay isn't unreasonable right now.    The above is not legal advice but rather general information.  Legal representation requires specific information and a written engagement agreement between a lawyer and client.     
Answered on Dec 29th, 2016 at 10:55 AM

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