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My father mall is the executor of his mother's will and is not abiding by the will. The will states splitting everything 4 ways equally. he refuses to sell the house or include any of the bank accounts or vehicles in the will. what kind of paperwork can we file to remove him as executor. the wheel was made in virginia we live in north carolina. I have talk to lawyers and they say what he's doing is illegal what can we do right now to stop him.
Optional Information: Country relating to Question: United StatesState (if USA): VirginiaWhat have you tried so far?: Online
DearCustomer- You would have to file a motion to have him removed as executor of the estate. This would have to be filed in the probate court where the estate is open, which I am assuming is VA. The lawyers are correct that he is violating his fiduciary duties if he is not following the instructions in the will. You are permitted to file your own case but being out of state may present problems with traveling back and forth to court so you may want to contact a VA lawyer for assistance in getting the correct paperwork filed. If you need a referral you can contact the Bar Association and I have included their website for your convenience.
http://www.vba.org/
Experience: 25 years practicing attorney