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how do i change executership

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LiL

Guest
my mother passed away a year ago , she had me find a lawyer for her to set up a trust , once the trust was set up we had her good friends be the executer , now a year later we are wondering why her estate is not closed , i went to the probate court and looked at here record, i was able to talk to a magistrate about the matter, the mag. informed me the the property should have been passed to us months ago , witch now is in the executers name , the lawyer told me not to go to probate court again , he is now applying to probate to charge us more than 3%, and has informed us not to contact the executer any more , how do we go about removing here as executer? i am named in the trust to be the next executer if gail, the executer now doesnt/cant fofill her job ?
 


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Marcia M

Guest
Something sounds funny. The lawyer should explain why the property hasn't been distributed to you.

However if you have a lawyer you should go thru him or her. Or hire anotherone to get the executor discharged particularly if you suspect somewthing bad That's costly....
 
L

LiL

Guest
thanks for your replyn , im going back to probate court tomorrow to get some more info, i am also going to talk to a difrent lawyer tomorrow , i spoke with the executer of the will(my moms friend) and she said that she will step down as executer if we would like her to , [how do we go about that ?] we feel that the lawyer is padding his bill or has alterier modives (ex. the houses), we dont know , my biggest worrie is holding up the estate in probate while this happens , is there a way to end this now? is there a way to stop this lawyer from prolonging this ? we Are worried that he is just running his bill up ?
again thanks for the reply

LiL
 
M

Marcia

Guest
Good. Glad to have helped. Usually the old simply resigns in a notarized document -- but be careful of what you ask for -- and the court appoints you as successor.

Now ask the existing lawyer what it will cost to finish this up. If you don't like the answer, find a new lawyer and get his quote. Look at AttorneyPages.com for a lawyer. If you like the new one tell the old she's fired.
 

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