Note: May I please come out in a more detailed descriptions before you folks do anything? I would certainly appreciate it. There are still more to add to this matter. Thanks.My wife's father passed away in May 1976. It was an untimely death resulting from injuries during a Tyohoon or Hirricane.Her eldest brother was given the Adminstrator job right after her father's death. When her mother passed away in 2002, my wife's siblings confronted their brother the status of the probate. My wife's father had a total of 6 houses being rented out. When they asked him for an accounting of the estate, his reply was "there is none or no money."So, my wife's siblings appointed her to carry on the duties and the court gave her that authority in Dec 2003.Her brother has held that job since 1976 to Dec 2003. Indeed he benefited from the rental income and on top of that my wife's mother's retirement and Cola pensions.Now, he is praying to be the administrator again and the court granted him to be the Special Adminstrator (my wife wasn't aware because she wasn't told for that court hearing date.)My wife received the letter of administration plus another sibling but not the other one. Two siblings had passed away during the period 2003 to 2010.What happen now if one or two object his appointment or most likey all three. Does it need a majority or what?Also, about a year or two before her mother's death, her brother intervened because he was aware that my wife was taking her mother to meet with a Public Guardian to help her out. My wife's sister (died) was living with her mother and her brother intimidated ad harassed her ad also his wife. Prior to this as well there was a complaint to the Adult Protective Services and each time when that person comes by he would jump in to wet with the APS case worker.Is there a possibility that they could have him disinherit his shares because he never produced an accounting?I hope this help. If needed more please, let me know.
State/Country relating to question: Guam
I don't believe that any probate court in Guam would disinherit him because of what he did or didn't do since 1976. That's 36 years ago. Even 2003 when he stopped, is 8 years ago, and the court would not permit you to go back that far. There is a statute of limitations involved. What the family needs now is a good attorney to take over and see to it that the properties and funds are managed correctly from now on.
Can I come back and give you a more detailed event? Please let me know.
Please, but keep it brief and post a specific question about probate or estate.
Frankly, you did not answer most of the questions. Go figure!
Sir: My apologies. I overlooked a question about a majority vote for who should be the personal representative. Answer: NO, the heirs do not vote on who is to be the administrator. It is up to the Judge to decide what is in the best interests of the estate. You second question: Will the court disinherit someone because of his not filing accountings. My answer was NO, and I gave you a detailed reason for it.
Sometime when questions are placed in the middle of a long text, they get overlooked.
Sir. I am sorry but you still have not answered some of it. I would like to close my inquiries because I am happy at all.Thanks and sorry for that.
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