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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32583
Experience:  Estate Law Expert
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What do I do if the personal representive will not

Customer Question

What do I do if the personal representive will not distribute the money? The Judge signed off on the final accounting & I am still waiting for my distribution. He has managed to drage out a small estate for 3 years.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Do you have an attorney representing you?

Customer: replied 5 months ago.
Yews I do, but for some reason the personal rep chooses to ignore us both. He has an attorney also, but will not listen to him. By the end of next week he will be in contempt of the Judges order and I am at my wits end with all of them.
Expert:  Dwayne B. replied 5 months ago.

Your attorney can file a Motion to Compel Distribution as well as the Motion for Contempt. You can also ask that the executor be removed from his position since he refuses to fulfill the duties he has sworn to do and then you can ask the judge, through your lawyer, to assess all attorney's fees and costs against the executor individually rather than allowing him to pay them from the estate since he is obviously not acting as a proper executor.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 5 months ago.
Thank you so much for your help, I will follow up on your response. Have a lovely weekend.
Expert:  Dwayne B. replied 5 months ago.

You're very welcome. If you happen to think of any follow ups over the weekend, which is very common, feel free to come back to this thread.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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