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how do i file for hearing to replace administrator of estate

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#1 ayerwen


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Posted 26 February 2013 - 03:43 PM

i am one of 3 heirs to a small estate. My sister and I first met with a lawyer requesting that he take the case as administrator because no-one close qualified (couldn't be bonded). We gave quite a bit of information. My father died in september of 2009. This attorney never did do anything and later started on the estate at the request of the local funeral home as they hadn't been paid (unbeknownst to my sis and I, the wife did not pay from the 30,000.00 policy he left her). This began mid 2010. This attorney will not tell us anything and seems to be just dragging this out forever. How can I request a hearing to determine his fitness and get a decision on removing him from the case?

#2 pg1067


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Posted 26 February 2013 - 03:53 PM

Obviously, matters of procedure will vary from state to state and may vary from locality to locality within a particular state.

#3 knort4


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Posted 27 February 2013 - 07:30 AM

Find a new probate attorney (and check his credentials/reputation on the website of your state bar association's website to make sure there are no complaints against him) and your new attorney can advise you how to proceed, including the step of sending the first attorney a letter notifying him that you don't want his services anymore, and then your attorney can file whatever is needed with the court to begin the process of asking for his removal.

#4 Fallen


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Posted 27 February 2013 - 09:40 AM

Unclear why a relative couldn't be bonded, esp. for a "small estate."

This isn't something strangers can walk you through from the internet (and you didn't even say where you are). You need to either do research online or in local law library, and follow-up with visits to court to ask the clerk to show you other cases where there's been a petition to get court to order distribution. First, I'd go to the court and get copies of everything in the file (there may be accountings and an inventory of which you're unaware). I would not presume that there's much to be inherited by you, esp. if wife was beneficiary on life insurance and joint owner of major assets as is the case in most marriages.

The administrator works for the estate, not the heirs.

"This attorney never did do anything ..."

Clearly he did SOMEthing if he was appointed administrator of the estate. :)

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

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