Under what condition can a PR be fired?
Question Details:
My parents died leaving a will with no assigned PR. They have 9 children. The 2 that we thought would do the right things according to the will and according to our agreement are not. My parents bank account is still open. Funds has been spent without an agreement. What can we do?
Hello. I am a Maryland barred attorney. At the outset, you may want to call the Register of Wills for the county the last living parent resided in. (You said both parents died but it is not clear who died first or when either died). See if an estate was opened. If not, you can start the probate process yourself (as the prior attorney post noted). You will technically be dealing with two estates, not one, but if your parents had everything titled jointly, the first estate should be relatively easy to deal with.
You can hire an attorney, go into court and ask to have the administration of the estate turned over to you, if you can prove misconduct by whoever is handling things now. In fact, if the estate hasn't been put into probate, and the will doesn't name an executor, there might not be any reason why you can't simply go and start probate as the PR yourself.
This will have to be done in the county court for your parents' last home. If you don't live in the area, you can check our website, http://attorneypages.com