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Executors

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M

meb0527

Guest
What is the name of your state?Missouri
My brother died 3yrs ago leaving 3 minor children and divorced bitter wife.
Another brother (their were 7 siblings in our family) as executor of the estate. THe ex-wife is claiming he is making this a business and taking away the majority of the estate (value approx $200,000.00) to benefit him. She claims he is charging too much for fees and processed a "land sell" below market value. My brother is not an educated man and has been using an attorney to process every detail of this responsibility. The ex-wife wants him removed.
My question, can she legally make changes? What are example fees for executors (i.e. hourly rates, percentages)? I have her calling me and I have him overwhelmed by the magnitude of this issue. I hope I'm making some sense.....

Thank you,
MEB
 


Dandy Don

Senior Member
She can't have him removed just because she doesn't like him.

If she has specific information that she thinks may be a legally justifiable reason for having him removed, then she needs to hire or consult with her own probate attorney to try to find out exactly how this estate has been handled and to find out what the proper grounds for removal are. Her concerns as you have listed them do seem somewhat reasonable, but she needs to be careful about trying not to offend them with accusations that perhaps she may not have proof of yet. If she has children who are going to be beneficiaries of this estate, then she needs to wait until the estate is near closure (to find out what her kids will be getting) before raising a stink or asking the court to hear her concerns.

Also, it might be the attorney who is officially doing what she is accusing the brother of doing. Ex-wife wants who removed: the brother or the attorney, or both?

Executor fees in Missouri are 5% of the first $5,000 of estate value, plus 4% of the next $20,000, plus 3% of the next $75,000, plus 2.75% of the next $300,000.

In the interest of keeping peace, it would be best if she did not have any further contact with the brother or the executor except through her own attorney. Was ex-wife named in the will as a beneficiary or not? If she wasn't then she is not entitled to any share of this estate and is disqualified because of the divorce.

DANDY DON IN OKLAHOMA ([email protected])
 
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