What legally can be done if the executor won't settle estate? 31 Answers as of August 02, 2013

The executor hasn't filed probate and Grandpa has been dead for over four years. Zero has been done to disperse any cash holdings and a valuable house is involved that has become a hotel for homeless family members and they aren't paying taxes either, meaning we could lose the house! Nobody seems to care and nothing is being done!

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Obtain yourself a probate litigation attorney immediately to probate the estate and have the executor removed; if the matter is in the probate court, then have a new attorney petition to have him removed as executor, and a new executor appointed such as yourself.
Answer Applies to: California
Replied: 8/2/2013
Frederick & Frederick PLC | James P Frederick
Any interested party can apply or petition for probate, at this point. Any interested party can also advance the taxes and then be reimbursed from the estate. You should discuss how to proceed with a probate attorney. The estate pays for the attorney, as well.
Answer Applies to: Michigan
Replied: 8/2/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
No one is in fact the Executor(Personal Representative) until a court appoints him as such. You could petition to probate the Will, if there is one, or you can petition the court to declare the estate intestate and ask to be named Personal Representative of the estate. Either you would be appointed as Personal Representative or the person you referred to as the Executor would be forced to take some action. In Minnesota, it would be too late to bring a normal probate action because of the passage of time since his death. You would be required to bring a petition requesting a Decree of Descent.
Answer Applies to: Minnesota
Replied: 8/2/2013
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
If executor doesn't file petition for probate within 30 days, somebody else can.
Answer Applies to: California
Replied: 8/2/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
File the probate yourself. You can file as an interested person even though you are not the personal representative. See an attorney for this.
Answer Applies to: Florida
Replied: 8/2/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Get a lawyer, this is delicate. You could start the probate, asserting that the personal representative named in the will is failing to act.
    Answer Applies to: Oregon
    Replied: 8/2/2013
    Danville Law Group | Scott Jordan
    Someone needs to file probate. You or some other family member can do it.
    Answer Applies to: California
    Replied: 8/2/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    The estate must be settled within a certain time The house can't be sold or taken without Probate Court approval.
    Answer Applies to: California
    Replied: 8/2/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The fact that someone is named as the executor does automatically make them the executor. That is just the deceased persons preference. If the named executor has not filed a probate proceeding , then someone else can filed a probate and petition the court to be appointed as executor.
    Answer Applies to: California
    Replied: 8/1/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Contact an attorney to file a petition with the probate court for the executor to show cause why the estate is not closed.
    Answer Applies to: Nevada
    Replied: 8/1/2013
    Thompson Ostler & Olsen dba Franchise Business Law Group | Brooke Ashton
    You should file to be the personal representative for the estate. Either you will be assigned as the personal representative or someone with higher rights to be the personal representative will have to take action with the court.
    Answer Applies to: Utah
    Replied: 8/1/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    If the proposed executor will not take action to probate the estate, any other interested parties may petition the court to begin the process.
    Answer Applies to: California
    Replied: 8/1/2013
    James Law Group
    James Law Group | Christine James
    As an interested person you can file for probate. I suggest you do it ASAP as time is not on your side. Contact a lawyer ASAP. Attorney fees are paid out of the estate, not from you, so there is no reason to delay. Some attorneys will even advance costs if necessary. Speak with an attorney today.
    Answer Applies to: California
    Replied: 8/2/2013
    Gates' Law, PLLC | Thomas E. Gates
    One does not become the executor until appointed by the court. Since the probate has not taken place, you or another beneficiary can petition the court to be appointed the executor. The one named in the will can protest, but this will get the ball rolling.
    Answer Applies to: Washington
    Replied: 8/2/2013
    Law Offices of George H. Shers | George H. Shers
    In California, anyone can file for the opening of probate. The court will then appoint an administrator for the estate.
    Answer Applies to: California
    Replied: 8/2/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    First of all a will has to be probated within 4 years of the date of death in Texas. The person named as executor in the will has no power unless the will is probated. There are some procedures still left to the heirs.
    Answer Applies to: Texas
    Replied: 8/2/2013
    Estrada Law P.C. | Michele Ungvarsky
    If the executor named in the will has let the estate languish, you can file an application with the court to become the representative of the estate (executor) and take over the probate. If the executor has been approved by the court you can file a motion to show cause why the estate has not been probated and closed.
    Answer Applies to: New Mexico
    Replied: 8/2/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    A beneficiary will have to petition the probate court to open an estate.
    Answer Applies to: Missouri
    Replied: 8/2/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Contact an attorney specializing in estate litigation. You can discuss filing a Demand for Notice and a Petition with the Court to open probate proceedings.
    Answer Applies to: Colorado
    Replied: 8/2/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    If the designated executor refuses to cooperate in the administration of the estate, your option is probate court in the county of the residence of the deceased. You can discuss the matter with a probate attorney because one will likely be required.
    Answer Applies to: Florida
    Replied: 8/2/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You can file a section 75 motion with the probate court to force delivery of the will to the county clerk. You can then file for probate.
    Answer Applies to: Texas
    Replied: 8/2/2013
    Meissner, Joseph & Palley, Inc.
    Meissner, Joseph & Palley, Inc. | John Palley
    The key here is to start probate ASAP. You should find an experienced probate attorney and get the case started!
    Answer Applies to: California
    Replied: 8/2/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    Can file an objection with Register of Wills and ask they be removed and someone else be placed as executor.
    Answer Applies to: Delaware
    Replied: 8/2/2013
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    If Probate has not yet been filed, then you, as a heir, may start the Probate yourself. This will force the issue, and may end up with you in charge of the estate. You would then have authority to handle things, including removing family members who are just living in the property without paying rent or maintaining it. You need to consult with a Probate lawyer in your country right away. No question on a website will answer this problem for you.
    Answer Applies to: California
    Replied: 8/2/2013
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    Any "interested party" can initiate the probate process in Florida. If you believe you have an interest in the estate, then you can start the probate process. You do not have to wait on another person to probate merely because they are the named Personal Representative or you have no will. You will need to hire an attorney to assist you with the appropriate documents for filing.
    Answer Applies to: Florida
    Replied: 8/2/2013
    Attorney At Law | James G. Maguire
    If things get bad enough, you can have the present executor removed and replaced. Talk to a lawyer about how that is done.
    Answer Applies to: Louisiana
    Replied: 8/2/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Petition the probate court to name another person to be executor of the estate and to hold the current executor liable for any damage or losses the estate has suffered.
    Answer Applies to: Nebraska
    Replied: 8/2/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    An heir in your position likely needs to petition the court to remove the executor of the estate, or to otherwise order an accounting or distribution. This is something you should discuss with a probate attorney, instead of try to do on your own. Indeed, it may be a letter from a lawyer is sufficient to make the executor distribute and close the estate.
    Answer Applies to: California
    Replied: 8/2/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    You need to go sit down with an attorney so that the entire picture can be reviewed.
    Answer Applies to: Georgia
    Replied: 8/2/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You can file for probate and ask to be appointed the personal representative.
    Answer Applies to: Michigan
    Replied: 8/2/2013
    The Center for Elder Law
    The Center for Elder Law | Don Rosenberg
    Get an attorney and file a petition to remove the personal representative for breaching their fiduciary duties.
    Answer Applies to: Michigan
    Replied: 8/2/2013
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