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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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probate ; when PR may /will/should be removed via maladministration, w

Resolved Question:

probate ; when PR may /will/should be removed via maladministration, who become the PR? in other words do the heirs (there are 6) , vote to replace ?or must a motion be file formally to appoint a new family member as PR?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 11 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

A motion would have to be filed with the court and then if the PR opposes it there would have to be a hearing on the issue. The heirs who wish to remove the PR would have to hire their own lawyer as well, the lawyer for the estate cannot represent them in this matter.

Customer:

my question i s-- focused on we are already there as you advised. i'm asking in another way , if the PR is removed, msu twe , wha tis th eprocedure to appoint a PR? Mut thre PR be a family meber of the dedceased? or in slme family the 6 family mebers are the heirs? but movingforward--

Customer:

oops im brand new to this cite. do yo get my question?

Dwayne B. :

I see it now.

Dwayne B. :

Someone else must now apply to be the PR. Usually you do it all at once but if the PR has already been removed then someone needs to file an Application to be apointed.

Dwayne B. :

The PR doesn't have to be a family member.

Customer:

ok your with me now, there are 6 hears. I s there a proxy process ? I am guessing if 4 of the 6 draft an affidavit requesting mrs abc to became PR , is this the way to proceed or file ?? not only one of 6 heirs decides to request from the court appoint mr xyz?

Dwayne B. :

No, nothing the heirs do outside of court make a difference. 5 of the six could want one person and the court may appoint the person that only the one heir wants. The person who wants to be PR needs to have their lawyer file an application and then if no one opposes it they need to submit an order to the court and get appointed.

Customer:

do you see my stylistic , porcedural -- fileing propery question we are ready to vote but , we have no clue how to move on to this step apointing a majorty person to repalce the PR./aote /.

Customer:

okm I responde befor you responded, we wil file with an aattoruye aponting mrs abc. so shipould ithe filitgn be accompanied wut 4 laters of the 6 heairs , bolstering her request to tha tthe court appoint her/

Dwayne B. :

You have to get a lawyer to file the application of the person to be PR. There is no other way to do it. It doesn't matter what the heirs vote or who they want, there has to be an application to be PR filed and the court then has to rule on it.

Dwayne B. :

It doesn't hurt for the application to be filed along with affidavits of the heirs supporting that person. Letters themselves aren't allowed, they would have to be affidavits. The lawyer can draft those though.

Customer:

sorry my typos, i russed again im new.

Dwayne B. :

No problem about the typos. I do it too.

Customer:

following your theory , we will file affidavits via an attorney ( i called them letters sorry ) the court wil se the reques to appoit mrs abc. . necxt portion of this one has dispute dthe will she is an atttorye my cousin her attey is disputing ht eil , any dauy mn=now th ejudg ems=will remov eth epR.

Customer:

elaborate , I hear you , we the 4 can objec to the cousin that is goin g to attempt to appoit herslef, we dont lek her . we want the honest msrs abc.

Customer:

yikes my typos ar awful sorry again

Dwayne B. :

Yes, usually if most of the heirs object to a person then the court appoints someone else. You will also want to talk to your later about any conflicts of interest which could occur with your cousin being an attorney and wanting to be the PR. I don;t know that there are but there could be.

Customer:

pinpointing the fact toeday , the cousin is an attorney--- but she hired an attorney , thus sai d cousin is not allowed to speak in court. is this any kind of conflict/ pls elaborate on said coflcit theories pls.

Dwayne B. :

That would wipe out any conflicts if she is using an attorney.

Dwayne B. :

They wouldn't be an issue.

Customer:

pls summarize in a closing remarks style to the above , so i don't hav e to read between my typo lines-- thought, thank you

Dwayne B. :

Sure.

Dwayne B. :

The heirs need to decide on who they want to be PR.

Dwayne B. :

They then hire an attorney to file an application for that person to be appointed by the court.

Dwayne B. :

The attorney will prepare affidavits for the heirs to express who they want to be PR.

Dwayne B. :

The attorney will file the application.

Dwayne B. :

If someone objects to that person then the attorney will set the matter for a hearing before the court.

Dwayne B. :

The attorney will then advise on who needs to be at the hearing.

Dwayne B. :

After the hearing the attorney will submit an order to the court to be signed appointing the new PR.

Dwayne B. :

That's it.

Customer:

lost point , when th cousing esq files formally via her eswq, do we object formally to the court?

Customer:

last point the cousin the esq

Dwayne B. :

Yes, usually you would but the lawyer may just choose to let your application stand as the objection itself.

Dwayne B. :

It's not absolutely necessary to file an objection if you are a party with an application pending.

Customer:

no we do not want lawyer esq cousin to take over as PR while she filed disputing the will . , we know she is going to file to be PR. W the 4 or 5 of a totla of 6 heirs dont want the esq cousin to take over . pls elaborate & we are finished

Dwayne B. :

I'm not sure what you want me to elaborate on.

Customer:

if the bad cousin who is an esq , yes she hired an esq to dispute the existing defective will. now-- said bad cousin-- is nearing--- and will file to become PR - we don't want her to control the estate , procedurally how do we stop her ?/

Dwayne B. :

By filing the Application with the court that puts her application in issue and so the court decides.

Dwayne B. :

As I said, usually the judge will go with the person that has the backing of the most heirs.

Customer:

beautify advised, thanks

Dwayne B. :

You're very welcome. I'll exit to to assist others but I do wish you luck on this.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

why must we hire an attorney ?is there a specific rule in probate court?

Dwayne B. :

No, you aren't required to but probate is extremely difficult and almost no one gets it right without an attorney. In addition, if the PR messes something up they are personally responsible for any damages. Finally, if the other person who wants to be PR is an attorney and they hired an attorney, that shows you why it is important.

Dwayne B. :

If you don't then the heir who is an attorney is almost certainly going to win.

Customer:

good point - thanks for confirming this liability, bye

Dwayne B. :

Best to you, Bye!

Customer:

i do not see, a rate expert icon here , i;'m confused with this ja com thingie

Dwayne B. :

I understand, it can be confusing. It is my understanding that at the bottom of your screen there are smiley faces or stars or something like that. The one with the most stars or the "smiliest face" would be excellent. Do you see those on your screen?

Customer:

i do not see any smiley faces , anywhere on this chat format. sorry

Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 27023
Experience: Estate Law Expert
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