If my brother-in-law, who is the executor, has failed to distribute proceeds from sale of auto and auction for over 2 years, what are my legal options?
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If my brother-in-law, who is the executor, has failed to distribute proceeds from sale of auto and auction for over 2 years, what are my legal options?
Asked on June 8, 2015 under Estate Planning, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An executor owes a fiduciary duty�when handling estate matters. If they fail to properly perform their duties, they may be removed for breach of�that duty. And, if all that was involved in settling the estate was to distribute money from a car sale and auction and is still has not been done after 2 years, that may well constititure such�a breach.
The fact is that�any "interested person" (e.g. a beneficiary)�may file a petition with the court requesting that the executor be removed for cause.�If the court finds that cause exitst it will order�removal of, and�replacement for, the executor (the court will appoint the new executor).
At this point, you may want to consult directly with a probate attorney as to your rights under applicable state law.
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