Upon the removal of a personal representative, another qualifying person may apply, but the Clerk may opt to appoint a public administrator, which is a person that is designated to handle cases where there is not another appropriate person. This individual is usually an attorney that practices in that county. The process of removing a personal representative depends on the reason.
Jul 28, 2013 · Answered on Aug 02nd, 2013 at 8:48 PM. Obtain yourself a probate litigation attorney immediately to probate the estate and have the executor removed; if the matter is in the probate court, then have a new attorney petition to have him removed as executor, and a new executor appointed such as yourself. Report Abuse.
The other issue is closing the estate, which a different attorney should do. Find another one, preferably by a trusted friend or advisor's referral, have the new attorney get the file from the old one and finish the job. Trying to pressure the old attorney to finish after four years is probably a hopeless cause.
Lawyers are required to reasonably respond. 2. Send your request by email, fax or overnight mail. 3. Do not repeatedly contact the lawyer. Reasonable requests means reasonable in number, frequency and topic. 4. Don*t ask the same the questions over and over. 5.
Once you review the estate file, you (or your attorney) will often be able to spot issues, such as things that you would usually see which are absent or things reported to the Court which is contradictory to what you already know about the estate.
One of the duties of a personal representative is to administer the estate efficiently. If an estate is taking years to administer, you can argue there is a breach justifying removal. However, there are often reasons why an administration might take several years, so the delay is not necessarily a reason on its own.
Example Grounds for Removal: 1 Was the person was not properly qualified to begin with (they are under 18, adjudged incompetent, is a convicted felon without restoration of citizenship, is illiterate, etc.)? 2 Did the person make false representations to be appointed? 3 Is a conflict of interest likely to hinder a fair administration? 4 Has there been some misconduct in the administration of the estate? 5 One of the duties of a personal representative is to administer the estate efficiently. If an estate is taking years to administer, you can argue there is a breach justifying removal. However, there are often reasons why an administration might take several years, so the delay is not necessarily a reason on its own.
A hearing requires a verified (sworn) petition be filed and served along with a notice of hearing. The process mirrors a lawsuit in many ways but is typically much faster. Misconduct by the estate representative may or may not be intentional. Regardless, as a beneficiary, you do have recourse.
Upon the removal of a personal representative, another qualifying person may apply, but the Clerk may opt to appoint a public administrator, which is a person that is designated to handle cases where there is not another appropriate person. This individual is usually an attorney that practices in that county.
The process of removing a personal representative depends on the reason. There are a handful of reasons in which the Clerk may remove a personal representative summarily (without a hearing). However, in most cases, you will need to have a hearing.
Hopefully, the executor regularly communicates with you or at least answers the occasional call or email with a request for an update. Often, however, months (or perhaps years) can go by without hearing anything. And, often, the beneficiary’s calls get unanswered, or worse, are met with hostility.
If the executor named in the will has let the estate languish, you can file an application with the court to become the representative of the estate (executor) and take over the probate. If the executor has been approved by the court you can file a motion to show cause why the estate has not been probated and closed. Report Abuse.
If the designated executor refuses to cooperate in the administration of the estate, your option is probate court in the county of the residence of the deceased. You can discuss the matter with a probate attorney because one will likely be required. Report Abuse. Report Abuse.
An heir in your position likely needs to petition the court to remove the executor of the estate, or to otherwise order an accounting or distribution. This is something you should discuss with a probate attorney, instead of try to do on your own. Indeed, it may be a letter from a lawyer is sufficient to make the executor distribute and close the estate.
Any "interested party" can initiate the probate process in Florida. If you believe you have an interest in the estate, then you can start the probate process. You do not have to wait on another person to probate merely because they are the named Personal Representative or you have no will. You will need to hire an attorney to assist you with the appropriate documents for filing.
Anyone who would be entitled to inherit from the deceased if he or she died without a will is entitled to notice of the probate of an estate. Heirs may choose to waive their right to notice, but the personal representative is obligated to go through the process of giving notice or securing a waiver. This is usually routine, but can be touchy, say, if Uncle Joe had a child out of wedlock who was never publicly acknowledged but whom everyone knew about. Don't be tempted to do an end run around the law. Notify everyone who has a legal right to notice.
As personal representative, you may be acting on behalf of the estate of a parent or spouse who chose you to do so, but you are acting only because the probate court has granted you authority. You are subject to the jurisdiction of the probate court, which means the court has power to order you to do something.
Estate administration is about distributing assets to heirs and beneficiaries , yes. But that's the last step in the process, and must not be carried out until ALL other business is concluded: the period for creditors to make claims, payment of taxes, and payment of fees for services to the estate, and a final accounting to the probate court. If you distribute all of the estate's funds to heirs and beneficiaries, then discover that you are entitled to reimbursement or there is an outstanding unpaid bill for services to the estate, you will find it very difficult to reclaim the money from heirs who have received, and possibly spent, their distribution.
Part of the reason for the probate process is to allow the personal representative to notify potential creditors of the deceased and give them time to come forward and make their claims against the estate. If you distribute any assets before the process for receiving creditor claims is completed, you may find that there is not enough money left in the estate to pay all legitimate claims. If that's the case, you may be exposed to personal liability for distributing the assets prematurely.
This is usually routine, but can be touchy, say, if Uncle Joe had a child out of wedlock who was never publicly acknowledged but whom everyone knew about. Don't be tempted to do an end run around the law. Notify everyone who has a legal right to notice.
If you distribute any assets before the process for receiving creditor claims is completed, you may find that there is not enough money left in the estate to pay all legitimate claims. If that's the case, you may be exposed to personal liability for distributing the assets prematurely.
In Ohio, creditors have six months after the death to present claims in writing, and personal representatives have thirty days after receipt of a claim to allow ...
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
Administering an estate typically begins with marshalling the deceased’s assets. This involves gathering and securing personal property in a safe place and managing the upkeep of more significant property, such as real estate. You must usually submit a list or inventory to the court, detailing all the probate property the decedent owned. This doesn’t include assets that pass to named beneficiaries in some other way, such as jointly held real estate with rights of survivorship, retirement benefits or insurance proceeds that name an individual, rather than the estate, as beneficiary. You may have to hunt a bit to identify all of the decedent's property, checking through paperwork and gaining access to safe deposit boxes.
After the judge gives you his OK, you’ll be sworn in and given letters testamentary -- approval to act on behalf of the estate. In some states, you must post bond to insure the estate against any wrongdoing on your part, unless the will specifically waives this requirement.
The estate will need a bank account so you can deal with administration expenses, debts and taxes in the name of the estate. Redirect the deceased’s mail from his address to your own so you’re aware of any smaller issues that need attention -- remember, you’re wrapping up all the details of his life.
A person who dies leaving a will has most likely named a personal representative to act on behalf of his estate, steering it through the probate process. The personal representative named in the will is known as the executor; if the decedent died without leaving a will, that person is commonly called an administrator.
Federal estate taxes probably won’t be an issue because, as of 2014, they’re only due on the portion of an estate that exceeds $5.34 million. But some states impose their own estate taxes, so check with a local accountant or lawyer to find out if you must deal with this, too.
If the estate takes in any income while the probate case is open, you must file an income tax return on its behalf and pay any taxes due. This requires applying for a tax ID number from the Internal Revenue Service. You must file the deceased’s final personal income tax return as well.
Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. She specializes in family law and estate law and has mediated family custody issues.
If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.
Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...
Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.
Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.
If your case is already filed within the court system, you (or your new attorney) will need to file notice with the court that you are now represented by new counsel. Your new attorney will file a “motion for substitution of counsel” and your old attorney will file a motion to withdraw.
Pay off your balance immediately because the lawyer could hold your case files until they receive payment. If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.
Reason #4: You disagree with your lawyer’s advice. You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.