Co-personal representative is out of state

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Co-personal representative is out of state

My brother is out of state and unreasonable about moving on to disburse mom’s household belongings and questions that I asked about paying the utilities for the home. One of 3 siblings listed in the Will is now deceased how should the estate be divided? Do we need to wait until the Will is recorded with the county?

Asked on January 9, 2018 under Estate Planning, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is a will, the will must go through probate to divide the assets, and they must be divided in accordance with the terms of the will. You can not divide them otherwise.
If an executor is failing in his or her duties (e.g. not moving the estate along), an heir or beneficiary can bring a legal action in court to have that executor removed and replaced by another: executors are bound by a "fiduciary duty" (a duty of good faith and loyalty) to act reasonably in the interests of estate and beneficiaries, and in accordance with the will. Unreasonable delays can be a violation of that duty. If you want to consider this, consult with a probate attorney--your own probate attorney; don't go to whomever was retained by the estate and your  brother, the executor--about the process for and costs of such a legal action.


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