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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32929
Experience:  Began practicing law in 1992
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The will was probated June 2012. The real estate cannot be

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The will was probated June 2012. The real estate cannot be easily divided and this is likely headed for partition court & soon.
He took possession of the personal property for his own benefite(as stated in the will) at the time of death, but did not probate the actual will until 25 years later.
The estate (it is a very tangled mess and very tacky) was involved in a lawsuit at the time of my grandfather's death. Uncle PR continued on with three appeals, eventually losing, we thought, all of it.
The appellate process shut down in 1996 but he waited another 15+ to probate. During that time two of the heirs died and, of course that has caused all kinds of problems. Their estates had to be revised.
I don't really want to do this, but I'm willing to use it as a negotiating tool. . .

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Your solution is to file a Motion to Remove Administrator/Executor in the court where the case is pending.

JD 1992 :

You can argue that his delay has caused the estate to incur additional expenses, etc.

JD 1992 :

However, failing to keep the heirs notified isn't really a reason to remove him so don't put too much emphasis on that. His duty is to the court and the estate, not the heirs.

JD 1992 :

Are you there?

Customer:

Yep, so, you're saying that until the real estate is divided, he is still PR?

Customer:

The reason I mention the heirs notification is, that he filed a lien on the property now in probate for legal fees for these appeals. He removed it when asked for receipts of payment. . . .he also told me that no one ever asked him what was going on.

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