How to make an executor settle an estate?

When my husband passed 4 years ago, he left his oldest son executor of his Will. I have asked him

several times to come open an estate so I can establish permanent residence in my own home and he

still hasn’t done it. What can I do about this?

Asked on March 13, 2018 under Estate Planning, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can take legal action to force the executor to fulfill their legal duties. You can file a Petiton to Compel. In the alternative, since the executor has not demonstrated that they want to undertake and perform eithier fiduciary duties, you can ask the probate court to appiont you or another as executor instead.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss and the situation.  Yes, you can file a Petition to Compel the Executor to act.  It is apparent that he is not interested in performing the duties he was appointed to do so you mught also consider the option of asking the court to appont you instead.  Thre are certain procedural nuances here that an attorney can advise you on.  Go and speak with someone about moving the matter along.  Good luck.


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