Challenging Personal Representative

[poohbear]

My father (a resident of South Carolina) died in April of 1999. My brother is the Personal Representative of the will, I am listed as PR in the event of my brothers death. We began probate proceedings the week of the funeral, but nothing has been done since then. All assets were to be divided equally between us. A boat has been sold since then, the check is in my brothers possession. He has not submitted the death certificate to the insurance company to release the life insurance. We want to sell/rent the condo - he hasn't made any effort to contact the property management to begin these proceedings. Association fees have gone unpaid on the property and continue to add up, this will have to come out of the sale of the house and thereby my share of the inheritance. The condo contains jointly owned furniture which must be divided and removed. Taxes for the year before his death were not filed (it was before April). There is also a right of survivorship checking account (in my brothers name) which is also to be divided. My brother won't answer anyones phone calls or return messages. I have not been able to communicate with him at all. A store is holding a boat motor my father left for them to sell. They have gone out of business and have attempted to contact my brother as well, they won't allow me to pick up the motor since he is the executor of the will.
What can I do to remove my brother as Personal Representative and FORCE him to turn over all of my fathers documents?

[Edited by poohbear on 11-18-2000 at 08:13 PM]

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Hire an estate planning representative and bring actions of waste, etc against him. He has the duty to put the priority in estate settlement, not in his pocket.

Try attorneypages.com or call your state bar association and ask for lawyer referral. IF you continue to wait, more waste will be committed and the less you will wind up with.

 

[chaddlee]

Estate Planning for Poohbear

This isnt the sage advise you seek maybe, but having to put up with just about the same...do this. GO, no, make that DRIVE to his home, and tell him you are there to talk about the estate and get it settled. Either he invites you in and its discussed or he says he hasnt the time right now. Tell him fine, but YOU have the time, to go file a protest against him and have him removed immediately as PR. He has lawful responsibilities and if he wont do them, the courts will. Shame money separates BLOOD, but it does, been there, done that, still doing it.
Best of luck....dont forget time IS money...YOURS !!!!

 

[poohbear]

more info

I should have mentioned this before - I am in Miami, my brother is in Seattle, about as far apart as you can get while still remaining in the contiguous US. I was hoping for something that didn't require a long distance trip ensuing in an ugly confrontation - although I realize that may just be inevitable. Thanks for everyone's help!