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My brother and myself are sole heirs to my late father

Customer Question
Hello, my brother and...

Hello, my brother and myself are sole heirs to my late father estate. Have questions about the handling of the estate by person handling it.

Lawyer's Assistant: What are the assets in question? Have any documents been drafted?

A house and contents and some cash small estate. Documents have been filed. Except the order to sell assets. We are not happy with the way things are going.

Lawyer's Assistant: Estate planning laws vary by state. What state are you in?

Vermont. I guess really i need to know can we change the person handling this?

Submitted: 11 months ago.Category: Estate Law
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Answered in 6 minutes by:
8/2/2017
Estate Lawyer: Bill Attorney, Lawyer replied 11 months ago
Bill Attorney
Category: Estate Law
Satisfied Customers: 2,633
Experience: Attorney
Verified

Dear Customer ,

Thank you for posting your probate law question today.

It is possible to request the removal of the executor/administrator of the estate if there is mismanagement of assets, undue delay or breach of fiduciary trust.

You will need to file a petition in the probate court for his/ her removal and can also petition for a full accounting of estate assets.

Thereafter the court may appoint a new administrator.

"

§ 913. Death or removal of executor or administrator

When an executor or administrator dies, resigns, is removed or his or her authority is extinguished, the remaining executor or administrator may execute the trust. If there is no other executor or administrator, administration may be granted to a suitable person."

Please follow up with me where needed.

We are here to help.

In return remember to rate possitively.

You do this by rating 5*****, 4****, or better

SO I hope you rate FIVE STARS today

Thanks

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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