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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33781
Experience:  Attorney with 15 years experience
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My sister and i are co-executors of the estate of our late

Customer Question

my sister and i are co-executors of the estate of our late brother. she has become uncooperative, and the estate is still not settled 5 years out. The crux is that she claims liquidation expenses for the family home that are outrageous, and without documentation. Further she has withdrawn from the estate account up to overdraft.
i want to remove her from executorship, close out the estate and distribute what's left fairly
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If sister is being uncooperative and obstructing the settlement of the estate, you can file a motion with the probate court judge to have her removed as the co-executor. The judge can also review any accounts and withdrawals that she has done to see if there is anything improper with them. If she has taken estate funds for her personal use, the judge can order her to repay the estate or deduct those funds from her inheritance.

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So you would file a motion to remove her as co-executor based on her breaching her fiduciary duty to the estate and the beneficiaries and for the judge to review the accounts to see if anything improper has occurred.

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thanks

Barrister

Customer: replied 1 year ago.
nuts and bolts. what paper do i file with the probate court, where do I find it, and what evidence is needed to accompany it.?
Expert:  Barrister replied 1 year ago.

This isn't a template form that you get from the clerk and just plug in names and dates and submit it and she is removed.. You actually have to draft up a legal document and call it "Petition to Remove Co-Executor" and then essentially set out who the parties are, what your complaint is about her actions, and then what you are requesting the court to do.

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Then you sign and file it with the probate court clerk. This is normally something that the petitioner gets an attorney to help with unless they are experienced with drafting their own motions and petitions. But if you want to proceed without one, you just have to get your point across very succinctly and concisely and not draft up a petition that is 5 pages long and goes into every detail about every problem you have with her.

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Things like "Respondent has breached their fiduciary duty to the estate and beneficiaries by needlessly and intentionally engaging in actions which have delayed any settlement and distribution of the estate of Suzy Smith", will be good enough to tell the judge what you are alleging.

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Then you give a few examples of how she has delayed without ground in numbered paragraphs. Then you use a paragraph or two to explain your objections to her use of estate funds for inflated expenses and challenge their legitimacy.

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Then you end up with your "demand" where you respectfully ***** ***** she be removed and the accounts audited to determine if there is any improper activities with the accounts.

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When your petition is heard, then you get to argue it in more detail to the court and present any evidence of her improper behavior that you may have to support your position.

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So it is a real legal case where you argue your case in front of the judge and not something where you just file a form and wait to hear from the court about its decision.

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thanks

Barrister

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