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CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Where can I find a petition form or an outline so I can

Customer Question

Where can I find a petition form or an outline so I can petition the court to Discharge the PR? The court does not have them. My sister has not followed my mothers wishes that all personal property be split evenly amongst her siblings. However while my mother was in the nursing home my other sister Kathy was her POA. After my mothers death my sisters claim that my 81 year old mother had printed her grand children's names on her 20 gallon container lids. Which I don't believe happened. And if that were the case why didn't my sister the POA up date the will to reflect this . The reason being my mother wouldn't do that. She kept an inventory sheet of everything she collected.
Hence because of this the judge ordered that my sister aka.. Head of Estate bring back all the tangible assets to be appraised and what she claims and reported are not even close to what my mother owned in collectibles. She had 80- 20 gal containers and not one container did she put on her inventory of items she got
Submitted: 2 years ago.
Category: Estate Law
Expert:  CalAttorney2 replied 2 years ago.

I am sorry to learn of this situation.

Unfortunately there isn't going to be a form for this, you are going to have to draft a motion (it is going to be a motion for "Breach of Fiduciary Duty" and "Removal of Personal Representative of the Estate")

You can usually find good templates for these motions at your local law library (look specifically for a set of books called "practice guides" these are books used by attorneys with strategy tips, references to commonly used legal authorities, and templates for common motions, pleadings, etc.). Your local law librarian will be able to point you to the most effective books for your specific circumstance in their library.

It appears that the court is already aware of the circumstances as they have not bought into your sister's "relabelling" so you are headed in a positive direction. I always recommend retaining a lawyer if at all possible (a lawyer does not give you any additional legal rights, but they can help you more fully exercise all of your rights), but if you do plan on going this on your own, you will want to visit your local law library (attorneys spend a great deal of time researching cases and using templates when drafting their motions, if you are representing yourself, you need to do the same.

I am sorry to learn of your loss, and I do wish you the very best with this matter.