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I don't want to be executrix anymore

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beatendown

Junior Member
What is the name of your state? OH

My father died a year ago, and I was named executrix of his will. There is no money in the estate, only debt. He had been involved in 3+ years of litigation, with his exgirlfriend when he died. They were arguing over whether there was a common-law marriage. After his death, the domestic judge dimissed that case. This woman has since sued me and my mother and siblings. She is trying to be named as surviving spouse. She has filed 4 lawsuits, 3 of which were dismissed. This last one is due for a status hearing in March. Oh, the lawsuits are because my dad left his life insurance policies to my mom and sister, and this woman is trying to get that money, plus health insurance and pension. My dad's place of employment and the insurance co's have also been named in the suit.

I have two attorneys, one for the estate, he was my dad's attorney during his 3yrs of litigation. The other I had to hire, because she sued me as executrix, and as an individual. The attorney for the estate was named in the first lawsuit, so it was a conflict of interest for him to represent me as executrix and individual.

When my dad died, he owed his attorney $23,000. This attorney is trying to BARGAIN with the exgirlfriend, to try to get part of an annuity and money my dad had put into the house. At first, I was ok with him going after the money he was owed. I knew that she would probably not settle, but my dad owed him money, so I told him he could try.

The problem is, this attorney failed to file an inventory on time, because he was trying to settle first. So I got a citation. Friday I received another citation, because he did not send notice to heirs that the will had been filed in probate. As far as this latest lawsuit, it was filed in September. He has never filed an answer, nor for an extension, leaving me open to a default judgement. His reasoning is that if he files an answer, which would be res judicata, then this lawsuit would be dismissed like the previous ones were. He doesn't want it dismissed, because he wants to be able to bargain for this money. I have told him repeatedly, I don't care about this money, I want this over.

I told him in February, that I wanted to step down as executrix. He talked me into waiting until Feb. 20th, when the status hearing was previously supposed to take place. I told him to have it settled by that day, or I was stepping down. Well, the hearing was moved to March, and in the three extra weeks I had given him, he never made contact with the plaintiff's attorney. So I called Friday and today and told his paralegal to do whatever needs to be done for me to step down. She is now telling me that the attorney said he doesn't think the judge will let me step down until after the status hearing. I told her to file it anyway. She then stated she would do it when she gets to it. I told her to make it this week. She then stated she would be out for two days because her kids were sick. I told her fine, by the end of the week.

They are trying to buy time to get to this status hearing. I no longer WANT him to go after this money. He is determined to get it. I have tried to do the right thing, but he has left me hanging in the wind, in both the civil suit, and the estate. I am done, and I no longer want to be executrix. He is NOT going to let me step down. What recourse do I have, and how do I go about stepping down without him?

Also, I tried to hire two different attorneys to take his place, noone wants to do it, because there is no money in the estate.

Thank you for taking the time to read this, I know it's a mess!

ETA: I'm aware this attorney has committed malpractice, and I also realize that one must prove a loss to have a case. I am not even interested in money, I just want all of this done. I also wanted to add that my other attorney has talked to the plaintiff's attorney, and that they were willing to settle for just getting the pension and health ins., and they will go away. It is the estate attorney that just keeps drawing this on and on.
 
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