Ask an Estate Law Question, Get an Answer ASAP!
Hi and welcome to JA. My name is XXXXX XXXXX I will be assisting you tonight.You may want to have her write the judge in the court where probate has been filed and set out her concerns.The wife here can be removed as the representative of the estate.The representative is required to file an inventory or assets and must account for the funds.She can ask for a hearing ona ll of this and an accounting of funds.She can also seek removal of wife as representative if there have been instances of breaches of fiduciary duties as you state.Your girlfriend should consider her own lawyer if she can afford it here.She certainly has reason to be concerned and there may be lost assets or otehr issues as you state.A lawyer can sue the wife here if she has lost funds or self dealed as representative of the estate.She can also be replaced and your girlfriend might be able to replace her as well.Reference to removal.
I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.
She can locate a probate lawyer locally here.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).