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executor refuses to do anything!

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J

jeannemarie

Guest
What is the name of your state? OH
I live in Toledo, OH. My parents lived in Harrisburg, PA. My older brother was appointed executor because he is the oldest son. It has been 3 years since my father died and over a year since my mother died. There is a will and a trust. In the will, among other things, it states that my older brother may keep my parents house in PA(which he’s never moved out of in his 64 years) if he pays my younger brother and I $20K each. He has refused to do absolutely anything with the will or the trust, he even refuses to let my brother or I see any documents. (I know about the $20K house provision because my husband helped my older brother find the will)
I know my brother and I are named as beneficiaries because we were contacted by my father's accountant
How do I remove him as executor? What kind of lawyer would I need to get? If my brother is called into court, what do I do when he doesn’t show up? This is a man who will not pay his taxes and will not otherwise observe government authority.
Please help!
 


Dandy Don

Senior Member
He does not OFFICIALLY become executor until the will is filed for probate.

You or a probate attorney you hire can file paperwork at the courthouse to open up this estate for probate, so please do so as soon as possible. You can then ask the judge to order brother to produce the will for probate in court. His withholding it from filing is improper and he probably wants to dispose of the assets secretly without having to account to the court.

Right now you don't have grounds to remove him as executor. If he won't produce the will for court he can be cited for contempt of court and removed as executor and replaced with someone else.

Are you saying that you have not received anything at all from either the will or the trust?

DANDY DON IN OKLAHOMA ([email protected])
 

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