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DearCustomer- If a personal representative is not performing his/her duties then a motion should be made with the probate court for the removal of the PR. In your example, once the property is purchased the question probably became moot since the property was to be bought in any event. It is difficult to put a time limit on such duties since purchasing property is not always something that can be accomplished quickly depending on the market and financing, especially real estate.
Unless you can show that the estate was somehow damaged monetarily then I see no way to change what happened. The question of being "legal: is that it probably didn't violate any specific law but was a contractual duty of the PR.
David Kennett - JD - Attorney at Law
I understand however my point is that the rep still purchased the property. After 60 days had passed I presume someone could then have objected or forced a sale but obviously did not. Therefore, unless there was some damage to the estate, I still don't understand what the issue is after the fact. If you have more information as to what the problem is today I will be happy to address that issue.
I see and then he purchased it after the 60 days. If he signed it to himself and you or other heirs object to the sale then you can file a suit to have the sale vacated since he did not purchase within the 60 days. If both co-reps signed the deed then you would have to sue the trust to vacate the sale. This can be expensive but if there is a real financial loss because of the sale then you can file the suit. If the terms were violated I think you have a case.
Educator, Esq: Follow up question: Is the following
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