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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38847
Experience:  Texas lawyer for 30 years in Estate law
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Can I get an Executor of my Mother's will removed if he is

Customer Question

Can I get an Executor of my Mother's will removed if he is refusing to do his Executor responsibilities? If so, how?
Submitted: 5 months ago.
Category: Estate Law
Expert:  RayAnswers replied 5 months ago.

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.

Expert:  RayAnswers replied 5 months ago.

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.

Customer: replied 5 months ago.
I filed my Mom's will in DuPage County, so do I just go back to that same court house to file in the same clerks office? If so, what form do I have to fill out?
Expert:  RayAnswers replied 5 months ago.

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.

Customer: replied 5 months ago.
There is no Probate Judge, she didn't have enough of an Estate to file in Probate.
Customer: replied 5 months ago.
We filed the Will and went to the Executor to sign some documents, but he has refused to do so. So here we sit with a car title with my Mom's name on it and me and my sister can't do anything about it.
Expert:  RayAnswers replied 5 months ago.

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??

Expert:  RayAnswers replied 5 months ago.

Here is small estate affidavit for dmv if vehicle was title in deceased's name.

https://www.cyberdriveillinois.com/departments/vehicles/title_and_registration/corrected_deceased.html

Customer: replied 5 months ago.
he is refusing to do his Executor duties. The only thing we were told to do is to take my Mom's will that she had legally done a while back, and I took it to the court house to file the Will, as it was my understanding that I had to do to make the Will filed properly.
Expert:  RayAnswers replied 5 months ago.

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:

  • A Small Estate Affidavit describing the vehicle year, make and vehicle identification number. The affiant does not have to be an heir or legatee. If there is a will, a certified copy must be submitted.
  • The decedent's title, which does not need to be assigned.
  • A copy of the death certificate or abstract.
  • A completed Application for Vehicle Transaction(s) (VSD 190). If the vehicle will not be operated, the buyer may obtain only a title by using an Application for Vehicle Transaction(s) (VSD 190). The current odometer reading must be indicated on the application used and the proper box checked.
  • The $95 title fee and any applicable registration fees as specified on the application, made payable to the Secretary of State.
  • Proof of compliance with the Vehicle Use Tax (RUT-50) and appropriate taxes as specified on the form, made payable to the Illinois Department of Revenue but submitted to the Office of the Secretary of State.

Here if you are not formally probating the will this is how you transfer title.Forms are here too.

Expert:  RayAnswers replied 5 months ago.

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.

Customer: replied 5 months ago.
I won't need to have a lawyer involved to take care of this? I have copies of all those documents that are listed, except the dmv form, so I should be able to go to the dmv with the death certificate, will, and the dmv form and get this taken care of myself?
Expert:  RayAnswers replied 5 months ago.

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

http://www.cookcountyclerkofcourt.org/?section=FormsPage&FormsPage=4200&FORMNAME=&TITLE=&Submit=Submit

Expert:  RayAnswers replied 5 months ago.

If you can positive rate it is much appreciated.Let me know if you have more follow up.It was my pleasure to help you.

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