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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32154
Experience:  Estate Law Expert
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Moving an executor of an estate. Removing that is. I'm the

Customer Question

Moving an executor of an estate.
JA: OK. The Estate Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Removing that is.
JA: Anything else I can tell the Estate Lawyer before I connect you two?
Customer: I'm the heir and the executor is step mother.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 6 months ago.

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. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 6 months ago.
Thanks. Sorry for the delay.
Customer: replied 6 months ago.
Still there?
Expert:  Dwayne B. replied 6 months ago.

Yes, I'm here. Is there a specific question with which I could assist?

Customer: replied 6 months ago.
its on my phone. Want to do it on computer.
Customer: replied 6 months ago.
Ok. My father died in January. My sister and I are his only children. He has two grandkids, my kids. My dad's wife was appointed excecutor of his will. He gave his estate to his wife and my two kids. His wife refuses to reply to my emails about his remains and personal effects and anything. Can I remove her as executor?
Expert:  Dwayne B. replied 6 months ago.

Ok. You can enter your question anytime you like and I will respond. Occasionally I will be working with someone else and it may take a few minutes to get back with you so please be patient. I will be online until tonight sometimes so we should be able to get your matter resolved today.

Expert:  Dwayne B. replied 6 months ago.

When you say she was appointed executor, do you mean she was appointed by the court?

Customer: replied 6 months ago.
Hi. My dad's will made her executor and made me the successor executor. For various reasons, since my dad passed away, she has been furious at me and won't reply to my emails about dealing with his cremated remains and personal effects. By her lawyer, I'm told that she won't do anything helpful until the 120 day will challenge is finished. There are long-shot will challenge issues too.
Customer: replied 6 months ago.
Could we move faster if I paid for the "call me" option?
Expert:  Dwayne B. replied 6 months ago.

But did she file to be executor with the court and was then appointed by the judge? Many people come to the website and state that someone is the executor when, in reality, they were just named as the executor in the will but the judge never appointed them.

No, I don't do telephone calls. I can opt out and open this up to the other experts, some of those may take telephone calls.

Customer: replied 6 months ago.
She is named in the will. It's my dad's wife. She is just being very difficult and won't reply to any of my requests. I'm my dad's son / heir and parent / guardian of two named beneficiaries in the will.
Expert:  Dwayne B. replied 6 months ago.

If she has not actually been named as the executor by the court then she isn't the executor yet. That means she doesn't actually have the authority to do anything with the assets or the debts of the estate and the proper route to take is to hire your probate lawyer and have them apply to open a probate and have you appointed as the executor of the estate. She can then, if she chooses, hire her own lawyer and apply to be the executor but at that point everything is under the oversight of the court.

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