How to have executrix removed?

[Nightengale]

What is the name of your state? PA
My sister and I are fed up with our third sister who is executrix of our mother's estate. It has been 11 years since our mother died and we have not received our inheritance of $22,000 each, as designated in the will. The executrix claims almost $30,000 out of pocket expenses as well as hourly fees for her "time", and on top of that, $11,000 in interest. She has kept very poor or no records and much was paid in cash (to her family members) for which she wants reimbursed.

What is the proceedure for having her removed?
I have heard that she may be entitled to use estate funds to pay attorneys for her defense. Is that true? If it is, it's money out of our pockets!

IF we can force her to settle the estate, what is the proceedure for contesting the will? I have read about "A Complaint for Accounting". Is this filed before or after she settles the estate?
I have also read that the beneficiaries should not accept a check from the estate if they are not satisfied with the distribution. What should they do after refusing the check?

 

[I AM ALWAYS LIABLE]

What is the name of your state? PA
My sister and I are fed up with our third sister who is executrix of our mother's estate. It has been 11 years since our mother died and we have not received our inheritance of $22,000 each, as designated in the will. The executrix claims almost $30,000 out of pocket expenses as well as hourly fees for her "time", and on top of that, $11,000 in interest. She has kept very poor or no records and much was paid in cash (to her family members) for which she wants reimbursed.

What is the proceedure for having her removed?
I have heard that she may be entitled to use estate funds to pay attorneys for her defense. Is that true? If it is, it's money out of our pockets!

IF we can force her to settle the estate, what is the proceedure for contesting the will? I have read about "A Complaint for Accounting". Is this filed before or after she settles the estate?
I have also read that the beneficiaries should not accept a check from the estate if they are not satisfied with the distribution. What should they do after refusing the check?

My response:

We don't do "procedures" for the writers to this site. To do so is tantamount to representation, and besides, it would also require you to understand law, and we're not going to put you through law school.

However, here's a procedure we can tell you - -

See a local probate attorney.

IAAL

 

[Nightengale]

Thanks for nothing.
I want to file the papers myself. I don't need to go to law school to file paperwork.

 

[I AM ALWAYS LIABLE]

Thanks for nothing.
I want to file the papers myself. I don't need to go to law school to file paperwork.

My response:

No?

Then, how will you know what to say to the court in your papers? How will you know which "Box" to check, and whether it's the proper box, or the proper thing to say, or whether you should have said something more?

Look - - have it your way. You're welcome to represent yourself. Just don't make any mistakes, because without the proper knowledge of law, you could wind up back at square one.

IAAL

 

[I AM ALWAYS LIABLE]

My further response:

Click on the following link, and you'll see a prime example of what I'm talking about - -

Copy and paste this link into your browser without the on each side: [url]https://forum.freeadvice.com/showthread.php?threadid=170828


Some people just happen to be smarter than you. I happen to be one of them. And, in the end, you're welcome.

IAAL

 

[Dandy Don]

Is this estate still open for probate now after 11 years or has it closed and the heirs haven't been paid? And why have you all waited so long to do anything?

The previous advice you received to consult a local probate attorney was most excellent.

You may have waited too late to contest and you might not even have grounds for contesting. It will be easier to get this executrix removed for breach of duty and possibly replaced with someone else, because the fees she has charged are exorbitant and probably exceed the legal limit. Pennsylvania law only shows that executors can get "reasonable compensation", so you need to be consulting with a probate lawyer to find out specifically what the custom is for "reasonable" fees in that state.

 

[n00b]

I wanted to file the papers myself also. So I did...and I screwed up the smallest details that may now require me to do it all over again. I am not saying that you can't do it yourself, but one simple mistake can cost two or even three times as much.

Just some friendly advice...if you can swing the fees to get legal advice/assistance, do it. I wish I would have, then my time and money would have been much less.

 

[I AM ALWAYS LIABLE]

I wanted to file the papers myself also. So I did...and I screwed up the smallest details that may now require me to do it all over again. I am not saying that you can't do it yourself, but one simple mistake can cost two or even three times as much.

Just some friendly advice...if you can swing the fees to get legal advice/assistance, do it. I wish I would have, then my time and money would have been much less.

My response:

Thank you for those sage words. I hope our original writer on this thread listens and heeds your true-to-life experience and words.

Thanks again. It was important that you saw this thread, and if nothing else, I hope others will learn from your experience.

You know, if it was that easy, I would never have gone to law school - - in fact, it wouldn't have been necessary.

IAAL