• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fire Executor of Will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

levidenum

Member
What is the name of your state? OR

My uncle recently passed, he owned several properties and money equal to about $1.4 mill

My dad is executor of will, he had contacted a real estate agent about the properties, the agent told him the property was worth about $2 mill. He told the siblings that and about what their cut would be. About two weeks later the realtor called back and said that he made a huge mistake, the property is only worth $275,000 When my dad told the siblings they were mad. They think he is in "cohoots" with the realtor and lawyer. Are demanding to see my uncles records for the past three years (even though my uncle was still alive, but had a power of attorney to handle is affairs) and want to fire my dad and lawyer.

Can they fire them or do they have to accept it was an honest mistake by the realtor. Also can they have access to the records from before my uncle passed away?

Thanks
 


anteater

Senior Member
Can they fire them or do they have to accept it was an honest mistake by the realtor.
Assuming that your father has been appointed as executor by the court, then his siblings' recourse is through the court. They can petition the court for his removal. They cannot "fire" him. Based only upon what you have posted, their odds of success appear slight.

Also can they have access to the records from before my uncle passed away?
Again, if your father has been appointed executor of the estate, he should be the only with legal access to uncle's financial records. But, also again, if the siblings want access, they would need to go through the court.
 

Zigner

Senior Member, Non-Attorney
Assuming that your father has been appointed as executor by the court, then his siblings' recourse is through the court. They can petition the court for his removal.
And, remember - this battle will be fought with funds from the estate...
 

Dandy Don

Senior Member
Real estate agents are allowed to make mistakes. If you don't agree with that appraisal, hire your own appraiser and get another appraisal. Right now you don't need to sue anyone but just let the probate process play itself out.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top