What can I do if my sister is appointed as fudiciary, but does not want to take care of my father's equity? 9 Answers as of October 04, 2011

In my father's will, he gave my sister the duty of being the fudiciary. She has made it clear that she does not want this responsibility. Is there some way that I can be granted this position despite what is written in his will?

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You can hire a lawyer and petition the court to remove her.
Answer Applies to: Georgia
Replied: 10/4/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If an Executor does not want the responsibility, they can file a Declination to Serve allowing the next person in the document, or someone else, to act as Executor.
Answer Applies to: New Hampshire
Replied: 8/24/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Just have your sister give you a written statement that she declines to serve; have her give you the original of your father's will; then go ahead and open probate.
Answer Applies to: Oregon
Replied: 8/23/2011
Law Office of Matt Potempa, PLLC
Law Office of Matt Potempa, PLLC | Matt Potempa
If your sister wishes to waive her responsibility as administrator of your father's estate, she should notify the probate court upon the admission of his will to probate. There should be a hearing set to appoint an administrator, at which you may notify the court you are willing to serve in that capacity. If there is a successor administrator (executor/executrix) named in your father's will, the court will try to appoint that person. If there is no successor or you are the successor, you are likely to be named as administrator. You should consult with an experience probate attorney to discuss proceeding with the administration of your father's estate.
Answer Applies to: Tennessee
Replied: 8/23/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
A Will names a fiduciary, but the court appoints the fiduciary. She need not accept the appointment. If she has not been appointed by the court yet, she can simply decline to serve. If she has been appointed by the court it is more complicated. Many Wills name a back up personal representative/fiduciary. A review of the Will will establish if that was done. If not she may have a power to nominate her successor in the Will. If not, then the court may be willing to appoint another family member, like you. In Nevada such a person needs to be a Nevada resident if they were not named to serve as the personal representative in the Will.
Answer Applies to: Nevada
Replied: 8/23/2011
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    In Florida, the court will look at the Will to determine who can serve as personal representative. If your sister does not want to serve, she can sign a waiver, agreeing to let the next person listed in the Will serve. If you are listed in the Will to serve behind your sister, then it should not be a problem. In any event, you will need to speak to an attorney because, in most cases, an attorney must be used in order to open a probate in Florida.
    Answer Applies to: Florida
    Replied: 8/23/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    Your sister can decline to serve and the court will appoint a new fiduciary.
    Answer Applies to: Connecticut
    Replied: 8/23/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Yes, but only after he passes away. You can file a petition and ask to be appointed the PR, with no objection, and assuming you are qualified, you can be appointed
    Answer Applies to: Florida
    Replied: 8/22/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    I believe what you are stating is she is the executor (what you call the fiduciary) of the will. Usually a will appoints an alternate executor if the first person is either unable or unwilling to act. If so, then the alternate takes the place of the person who refuses. If not, then there would have to be a probate of the will and you can request to be appointed the executor.
    Answer Applies to: California
    Replied: 8/22/2011
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