How to get an executor to do their job?

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How to get an executor to do their job?

After a relative died, her house was to be divided between 5 adult grandchildren with the executor paying out the shares. That was 3 years ago and no one can get the executor to move on this. In the meantime, 1 of the 5 grandchildren recently filed for bankruptcy. What will happen to his 1/5? And on a different subject but still related, how should another grandmother rewrite her will to accommodate for this grandson’s bankruptcy filing as he is to receive 1/4 of this grandmother’s estate?

Asked on August 31, 2012 under Estate Planning, Arizona

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

As to your first question, Florida Probate law allows the beneficiaries of the Estate to petition the Probate Court to replace the personal representative.  I would expect every state to have a similar provision.  The grandchildren should get together, select one or two representatives, and consult a Probate lawyer.  Three years is too long.

I am not a bankruptcy lawyer, so I can't help much with the bankruptcy issue.  This grandchild should inform his or her bankruptcy lawyer about the inheritance as there are grave consequences for failing to report assets.  The bankruptcy lawyer should be able to explain what will happen to that portion of the inheritance.

The other grandmother may not need to rewrite her will.  If the bankruptcy is completed before this grandmother passes away, there should be no effect.  If she is concerned about the matter, she should contact her Estate lawyer and discuss her options for rewriting her will.


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