How much time does it take to remove the executor?

[Recrystaleyes]

What is the name of your state? OR
Hello,
My father passed away about 1.5years ago, with out a will or trust. He had property(which my stepmother purchased from the estate about 4 months ago) and a business. My step mother is the executor. My 2 brothers and I are ready for probate to be over, we just want to close this chapter in our lives. The problem is that my stepmother is not being proactive on trying to close out probate. For her it makes the most sense to keep probate going because she is the primary shareholder of the business(which is on the property), the business pays for her mortgage, and she gave herself a raise when my father passed away so she is making good money for keeping probate ongoing. My older brother basically runs the business(he also got a raise when dad passed away, but not as substantial as hers) and can not stand to work with her. We unfortunatley are not in speaking terms with her, so we are going back in forth between our attorny and her probate lawyer. An example of what is happening is that we will say we want to buy her out of the business for a price that the shares were worth in the probate paperwork and she says no, and she has also said that she will not buy us out of the business. We feel that she is only looking at her best interest for probate and are thinking about removing her as executor(possibly making me the executor), but what we are worried about is will this make probate last longer, or will we be able to put timelines on solving the issue of what to do with the business.
Feel free to ask more questions I just didn't want to go on forever...
Thanks!
Crystal

 

[seniorjudge]

What is the name of your state? OR
Hello,
My father passed away about 1.5years ago, with out a will or trust. He had property(which my stepmother purchased from the estate about 4 months ago) and a business. My step mother is the executor. My 2 brothers and I are ready for probate to be over, we just want to close this chapter in our lives. The problem is that my stepmother is not being proactive on trying to close out probate. For her it makes the most sense to keep probate going because she is the primary shareholder of the business(which is on the property), the business pays for her mortgage, and she gave herself a raise when my father passed away so she is making good money for keeping probate ongoing. My older brother basically runs the business(he also got a raise when dad passed away, but not as substantial as hers) and can not stand to work with her. We unfortunatley are not in speaking terms with her, so we are going back in forth between our attorny and her probate lawyer. An example of what is happening is that we will say we want to buy her out of the business for a price that the shares were worth in the probate paperwork and she says no, and she has also said that she will not buy us out of the business. We feel that she is only looking at her best interest for probate and are thinking about removing her as executor(possibly making me the executor), but what we are worried about is will this make probate last longer, or will we be able to put timelines on solving the issue of what to do with the business.
Feel free to ask more questions I just didn't want to go on forever...
Thanks!
Crystal

Why do you want to close out the probate?

Have your lawyer file the correct documents to close it out. End of story.

 

[ladybg1]

sounds like they want to force a decision on the business. If the stepmom won't budge & buy you out or sell out to you--can you sell your part of the business elsewhere ? Maybe that possibility would be enough for her to decide. If she still doesn't--why not try to sell to someone else & let her deal with what happens?

 

[Dandy Don]

Your attorney needs to consult with a business law attorney to find out how to deal with the business--does your father's estate have an ongoing share in the profits? Are there any business agreement papers that mentioned how the business was to be handled in the event of his death? Is the business even listed as a probate asset?

There seems to be no need for probate to be ongoing but you need to face this issue directly with the business. If she won't sell you need to find out if the estate can claim a share of future profits.

Getting her removed as an executor is a waste of time and legal fees since you have no legal grounds for getting her removed.

DANDY DON IN OKLAHOMA ([email protected])

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