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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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What happens when co-represenitives of an estate do not ...

Customer Question

What happens when Co-Personal Representatives of their Mother's estate the Co.P.R.'s do not follow the wishes of the will?
Example-The will states a named Co Rep. has to purchase the named real estate property within 60 days after Mother's passing. But the p.r. doesn't purchase the property untill over 100 days after passing.Is this legal to do?
Submitted: 9 years ago.
Category: Legal
Expert:  Dave Kennett replied 9 years ago.

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

Customer: replied 9 years ago.
The co rep. according to the instructions and wishes of the will was that the rep. had 60 days after death in which purchase the property.
Expert:  Dave Kennett replied 9 years ago.

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.

Dave Kennett

Customer: replied 9 years ago.
The real estate property in question is to stay within the trust or my brother has the an option window to purchase property within 60 days after my Mother's passing. If he doesn't,it remains in the trust.
Expert:  Dave Kennett replied 9 years ago.

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.

Dave Kennett