MelissaJax
Junior Member
What is the name of your state? Indiana
My father passed away January 22, 2008. I spoke with his lawyer about a month after his death and was told that the executor Dad chose could not do the job because of conflict of interest. He is a financial planner and his company will not allow him to be executor. At that time, the lawyer was waiting for a document from the financial planner so he could appoint another executor. Now it's the end of May and we still haven't heard anything. My sister spoke with the lawyer and was told that he 'had a letter ready' to send out naming some firm as executor.
1. Why would we want a firm to handle the estate? Dad had a will, and had put everything into trusts before his death. I have the time to handle it, and my sister and I believe that a family member will keep things moving better than a large firm. I live out of state, but travel is not an issue.
2. How do we reject the lawyer's nomination? We believe there are 5 beneficiaries - do all need to agree to not use the firm and all agree on the new executor? I do not anticipate any objections to me acting as executor.
3. Dad's lawyer is very unresponsive. He has not kept us up to date on the delay, he does not return my calls, and my sister just happened to catch him in the office. Do I need to hire my own lawyer to speak with him?
4. Is this type of delay typical and something to be expected?
Thanks for the help!
My father passed away January 22, 2008. I spoke with his lawyer about a month after his death and was told that the executor Dad chose could not do the job because of conflict of interest. He is a financial planner and his company will not allow him to be executor. At that time, the lawyer was waiting for a document from the financial planner so he could appoint another executor. Now it's the end of May and we still haven't heard anything. My sister spoke with the lawyer and was told that he 'had a letter ready' to send out naming some firm as executor.
1. Why would we want a firm to handle the estate? Dad had a will, and had put everything into trusts before his death. I have the time to handle it, and my sister and I believe that a family member will keep things moving better than a large firm. I live out of state, but travel is not an issue.
2. How do we reject the lawyer's nomination? We believe there are 5 beneficiaries - do all need to agree to not use the firm and all agree on the new executor? I do not anticipate any objections to me acting as executor.
3. Dad's lawyer is very unresponsive. He has not kept us up to date on the delay, he does not return my calls, and my sister just happened to catch him in the office. Do I need to hire my own lawyer to speak with him?
4. Is this type of delay typical and something to be expected?
Thanks for the help!
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