What do you do when an executor is mishandling an estate has not even established the estate? 29 Answers as of November 01, 2012

Executor stages phony reading of Will but no Will is produced and she is living in the deceased house.

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Victor Varga | Victor Varga
If no estate has been opened, then one of the family members needs to open one and have her removed from the home.
Answer Applies to: Maryland
Replied: 11/1/2012
Blough Law Office | Janis L. Blough
Retain an experienced probate attorney to petition the court to appoint a new personal representative (fka executor) to sort out the mess, sell the house, and distribute the estate according to the will.
Answer Applies to: Michigan
Replied: 10/31/2012
Richard M. Gee, a PC
Richard M. Gee, a PC | Richard M. Gee
Institute a probate proceeding, have yourself appointed the executrix or administrator of the estate and, if no will exists, divide the estate as if there was no will. I would seek the advice of counsel in your area for this.
Answer Applies to: Colorado
Replied: 10/26/2012
Hamblin Law Office | Sally Hamblin
File a petition with the probate court alleging the executor has breached fiduciary duty and list all that is not occurring our all you believe is wrong.
Answer Applies to: Michigan
Replied: 10/26/2012
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
You can force the will to be probated. If the Executor is not handling the will in a proper manner you can have them removed for cause. If the will hasn't been probated, you can file for it to be probated and ask someone else to be Executor.
Answer Applies to: Alabama
Replied: 10/26/2012
    LAW OFFICE OF ROBERT I LONG
    LAW OFFICE OF ROBERT I LONG | Robert I. Long
    In California, if will is not known to exist, an interested person, including a creditor, may petition the probate court for Letters of Administration or, if the contents of the will are known and the designated executor refuses to initiate the probate, an interested person, including a creditor, may petition the probate court for Letters of Administration with the Will Annexed.
    Answer Applies to: California
    Replied: 10/26/2012
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    If you are an heir or interested party you should file a petition to commence probate proceedings. If the Executor (now called a Personal Representative which does not exist until appointed by the probate court) refuses to turn over will, have the Court issue an order why he or she should not be held in contempt for refusing.
    Answer Applies to: Michigan
    Replied: 10/25/2012
    Gates' Law, PLLC | Thomas E. Gates
    File a motion with the court to declare executor, if no will. If there is a will and they are mismanaging the estate, file a motion to have them removed as executor.
    Answer Applies to: Washington
    Replied: 10/25/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get an attorney and petition the probate court for the executors removal.
    Answer Applies to: Michigan
    Replied: 10/25/2012
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Has Executor actually been appointed by the Court, or is she merely named in the will? If the former, consult a lawyer (not hers) and possibly bring a petition to have her removed if the house is not left to her. If the later, consult a lawyer and file your own petition for probate.
    Answer Applies to: California
    Replied: 10/25/2012
    Law Offices of Frances Headley | Frances Headley
    Any interested party may bring a petition for probate. You should consult a probate attorney about how best to proceed. F
    Answer Applies to: California
    Replied: 10/25/2012
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    Ask the Probate Court for a hearing.
    Answer Applies to: Connecticut
    Replied: 10/25/2012
    Troy & Rosenberg, PC | Cathryn Ruckle
    You will need a lawyer to help you open an estate. You can file it as an intestate estate if you believe there is no will. You would have to serve notice on her and that would force her hand-she'd either have to produce the will, or a different personal representative could be appointed who could bring an action in ejectment if she didn't leave the house voluntarily. You would need an attorney experienced in estate administration to assist you, but the court can force her out if there is no will which states what she is claiming, or if it is proven to be a forgery.
    Answer Applies to: Oregon
    Replied: 10/25/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Eventually an estate will have to be opened to transfer the assets. The will will then become a public document. The executor is a fiduciary and needs to follow the terms of the will. If you cannot wait for the estate to be opened, consult with an attorney.
    Answer Applies to: Michigan
    Replied: 10/25/2012
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Hire an attorney and file a motion to compel the production of the will. This is under RSMo. Section 473.043.3. What you can also do is file for letters of administration claiming there is no will. If she has the will and wants to be appointed executor (or personal representative as we call it in Missouri), she will have to file a competing petition for letters testamentary. Do not wait for things to get done.
    Answer Applies to: Missouri
    Replied: 10/25/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    File your petition to administer the estate; contact a probate lawyer to proceed to file for you.
    Answer Applies to: California
    Replied: 10/25/2012
    Law Offices of R. Christine Brown | R. Christine Brown
    File a petition for probate and ask that you (assuming that you are an heir of the estate) be appointed Administrator of the Estate.
    Answer Applies to: California
    Replied: 10/25/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    There is no estate until it is established by the courts. Any interested person (normally a relative of the deceased) can establish the estate by petitioning the court to probate the deceased's possessions. The best solution to this is to consult an attorney that handles probate.
    Answer Applies to: Florida
    Replied: 10/25/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    Any interested party can petition the probate court to open an estate and become pr. I suggest you consult with an attorney.
    Answer Applies to: Michigan
    Replied: 10/25/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    You could petition the Orphans' Court to order the personal representative to probate the will.
    Answer Applies to: Maryland
    Replied: 10/25/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Petition for probate yourself (I assume you are a family member). No one is "executor" until appointed by the court naming someone in a will is a nomination, not appointment as personal representative (modern term for executor). If this person won't even show you the Will, how can he or she possibly assert that he or she is personal representative? If you believe there is a will, petition to be named PR and tell the court you believe there's a will and you need to search for it; if you believe there is no will, petition to be named administrator of intestate estate. Personally, I think you should get a lawyer to do this. It will be done better, faster, and probably with little more expense than trying to go it on your own.
    Answer Applies to: Oregon
    Replied: 10/25/2012
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    How she got to be executor of the estate without a will suggests that she is a natural heir and that you received no notice of the estate administration either because you are not a natural heir or there are problems you should take up with an attorney.
    Answer Applies to: Michigan
    Replied: 10/25/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    An executor has no authority until appointed by the Court and Letters Testamentary have issued. Just being named in a Will does not give someone authority. I suggest that you review the court record to see if an estate has been opened. Whether or not one has been , you should then seek legal counsel who can assist you in determining the next steps.
    Answer Applies to: Nevada
    Replied: 10/25/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    Initiate a probate, assuming your are a relative or heir, with or without a Will. You can apply to be the administrator of the estate and begin the probate proceeding. If no Will is submitted and you are a proper party, you will be appointed the Administrator of the Estate and can then open a bank account and start rounding up all the assets.
    Answer Applies to: California
    Replied: 10/25/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You cannot be the executor unless you have a will which states you are the one the deceased asked to be named as executor. Further, an executor is not automatic. The executor is appointed by the court when a probate is opened. So how is she the executor? Either a will needs to be probated, or if there is no will, then an intestate probate proceeding needs to be filed and have an administrator for the estate needs to be appointed.
    Answer Applies to: California
    Replied: 10/25/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    If an executor has been appointed and he/she does not honor the terms of the Will then you need to challenge the appointment. Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide attorney/client or other privilege.
    Answer Applies to: Georgia
    Replied: 10/25/2012
    Frederick & Frederick PLC | James P Frederick
    If an estate is not open, there IS NO executor. The only time there is an executor, (we call them personal representatives in Michigan), is when an estate is opened and the probate court appoints the Personal Representative. Until that time, the person in question has not more power, authority or rights than anyone else.
    Answer Applies to: Michigan
    Replied: 10/25/2012
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