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Heir still refuses to return items declared to be estate property.

Estate atty requested the property...
Heir still refuses to return items declared to be estate property. Estate atty requested the property be returned for an appraisal (offending heir got 2 appraisals from same jeweler with 80% difference in fair market value and retail value--suspicious) Estate atty has threatened citation at least 4 times but will not follow through. He will not take control of the estate. Removing the exec is an option but the estate atty has not followed through on any attempts to follow the will (equitable distribution of property). Estate in PA, heir and property in Florida--what are the legal options to: 1. get the estate assets back to the estate atty, 2. force the estate atty to follow through on his directives (2 years into this simple estate). Attempt to fire estate atty?
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Answered in 14 minutes by:
11/3/2011
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 120,999
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
1) It is the estate attorney's duty to the estate to recover those items and if he is not properly performing that duty by filing a motion to compel and an order for contempt against the offending heir you can file a complaint for malpractice against him.

2) You can hire a new estate attorney to represent you and file a claim against the estate to remove both the attorney and executor for breach of fiduciary duty to the estate in being unwilling or unable to perform their duty in getting a proper estate accounting by getting the estate property back to the estate.


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Customer reply replied 6 years ago
any actions against the heir who took the items from the decedent's home and refuses to return them? thank you for your answer.
Any actions against the heir would have to be by the estate against the heir, which would mean the executor and estate attorney. Thus, you first have to straighten out the issue with the attorney and executor and then the estate would pursue the heir.
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 120,999
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
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