On what grounds can a personal representative be replaced?.

My brother died about 5 months ago without a Will. He was seperated from his wife for a couple years. He has twin daughters. He lived in VA. He fell and hit his head and died in his mobile home. His wife has done nothing to sell the mobile home since she has received his social security. It needs cleaning, which she keeps telling the girls she is going to do. But does not do. This needs to be done before it can be sold. She has not paid the funeral home either. Can she be replaced as his representive?

Asked on June 16, 2014 under Estate Planning, Pennsylvania


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

Answered 6 years ago | Contributor

I am so sorry for your loss. Yes, you can have the administrator replaced if they are not fulfilling their fiduciary duties. I think, though, that you should speak with a lawyer in Virginia about possibly a less costly alternative, say pushing her along. I am surprised that the funeral home has not come after the estate since that is a priority debt. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.