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Overturning named executor?

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my.toys

Junior Member
Tennessee

My husband's brother asked to be appointed as executor of their mother's estate. Since that time, he has refused to sell her house, or even allow us onto the property without his presence (he won't have a copy of the key made). Her will, which has been accepted and validated calls for her house to be sold immediately, and proceeds split between the two, but he refuses to get a realtor, insisting he will "sell it myself." He is a convicted felon, who also has a drug possession conviction on his record. We are looking to get his executorship overturned and my husband appointed so that everything can actually get sold and settled.

How hard will this be, and how much will it cost?
 


my.toys

Junior Member
Jetx,
While I can appreciate the levity, I am asking a serious question.
I would really like to know how difficult overturning the appointed executor will be.
As for cost, I realize that it can differ an enormous amount, but if it would be 5K or more, this will probably not be worth it for us to do.
 

JETX

Senior Member
While I can appreciate the levity, I am asking a serious question. I would really like to know how difficult overturning the appointed executor will be.
Seriously, there is no way that anyone can guess how simple, or how complex, a lawsuit might be without a FULL review of ALL the facts. For example, if your B-I-L presents absolutely no defense at all or simply fails to appear, the matter of overturning an executor should be very simple.
However, if your brother has a good reason for his actions (and maybe you don't know what they are, or simply 'forgot' to include them in your post), the difficulty could be substantial.

As for cost, I realize that it can differ an enormous amount, but if it would be 5K or more, this will probably not be worth it for us to do.
Kind of same thing... no one can guess how much time might be required. It could be very cheap if the B-I-L were to 'walk' on a simple letter from your attorney.

The ONLY way for you to get answers to your questions is to talk with local probate attorneys. Contact your local (county) Bar association and ask if they can provide a low- or no-cost referral.
 

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