Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.
Yes you can write the probate judge asking for removal of the executor.Ask for a hearing where you can present your case.The executor can certainly be removed for this breach of fiduciary duties by the judge and another appointed to complete this.You can get judge's name and address from the probate clerk where probate is filed.This is your remedy under Illinois law.Copy the executor maybe he will do what he hasn't done prior to court.
I appreciate the chance to help you today.Thanks again.
You would just write the judge setting out the problem asking for removal of executor and a hearing on the matter.Thats should get you a hearing here and the court has authority to remove the executor here for cause such as noncooperation.
Help me understand here
you wrote Can I get an Executor of my Mother's will removed if he is refusing to do his Executor responsibilities--so what kind of probate was filed or affidavit??
Here is small estate affidavit for dmv if vehicle was title in deceased's name.
mall Estate Affidavit
If a decedent's estate is not being probated and the value of the personal estate does not exceed $100,000. The Small Estate Affidavit procedure applies and the following documents must be submitted:
Here if you are not formally probating the will this is how you transfer title.Forms are here too.
Small Estate Affidavit above.Sounds like there was no application for formal probate and he was not appointed by the court so this would be the means to correct title.
Click on the forms here.
Yes.I am assuming as per your information that there were no other assets and application for probate was not necessary.
Thanks for the chance to help you today, sorry for the confusion.
Here are application for probate forms just in case
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