How to get an executor to do their job?

UPDATED: Aug 31, 2012

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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


Catherine Blackburn / Blackburn Law Firm

Answered 10 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.

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 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.

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