your state? Hawaii
I am one of five beneficiaries to a trust and a will. Both have gone to probate (informal and without bond). There is no executor. My uncle is the PR and Trustee and he is acting contrary to the wishes of the heirs and I would like to know what steps I need to take to remove him. My mom has told me it is too costly and involves "too many complicated legalities" and we need to have "very good reasons". My uncle refuses to sell the three properties or do anything connected with upkeeping them (the electric bills were not paid and electricity subseqently shut off, lawns overgrown, refusal to hire a gardener, refusal to remove furniture- as well as the ashes and urns or the deceased which were placed back in the home). In other words, everything is just sitting there. He refused to pay any bills for the morgue and one of the deceased's funerals was a good six months after her death. He will not distribute any of the other funds and is trying to pursue a medical malpractice based on little evidence that none of us feel is worthwhile. He does not answer phone calls, does not have an answering machine, and will not reply to emails. My questions are:
1. How do I and the rest of the heirs remove my uncle from the position of PR and trustee?
2. I understand I should get my own attorney- but I am in Chicago and the will and trust and properties and most of my family are in Hawaii. Is it advisable that my lawyer practice in Hawaii or would one is Chicago be adequate?
Thank you again.
I am one of five beneficiaries to a trust and a will. Both have gone to probate (informal and without bond). There is no executor. My uncle is the PR and Trustee and he is acting contrary to the wishes of the heirs and I would like to know what steps I need to take to remove him. My mom has told me it is too costly and involves "too many complicated legalities" and we need to have "very good reasons". My uncle refuses to sell the three properties or do anything connected with upkeeping them (the electric bills were not paid and electricity subseqently shut off, lawns overgrown, refusal to hire a gardener, refusal to remove furniture- as well as the ashes and urns or the deceased which were placed back in the home). In other words, everything is just sitting there. He refused to pay any bills for the morgue and one of the deceased's funerals was a good six months after her death. He will not distribute any of the other funds and is trying to pursue a medical malpractice based on little evidence that none of us feel is worthwhile. He does not answer phone calls, does not have an answering machine, and will not reply to emails. My questions are:
1. How do I and the rest of the heirs remove my uncle from the position of PR and trustee?
2. I understand I should get my own attorney- but I am in Chicago and the will and trust and properties and most of my family are in Hawaii. Is it advisable that my lawyer practice in Hawaii or would one is Chicago be adequate?
Thank you again.