How do we handle a situation wherein a Personal Representativeis not making any effort to close the estate?

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How do we handle a situation wherein a Personal Representativeis not making any effort to close the estate?

Death 2004 – his friend was removed by the courts for not performing. Assigned local attorney as PR in 2009. We put contract in on estate property early 2010. PR asked us to file an addendum with price increase in 07/10. We did. Asked us again for addendum with no contingenies in 12/10. We did. He received another contract that was not better than ours but came back and asked for another addendum with price increase and told our attorney he would file motion to approve ours. Has not done it. No confidence in my attorney but can he file a motion to the court to accept ours? Can we?

Asked on January 25, 2011 under Estate Planning, Maryland

Answers:

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

Answered 10 years ago | Contributor

The best thing for you to do here is to fire your present attorney and go and hire another one asap.  You are being given the run around and it needs to stop.  You attorney has to figure out if you have any standing to bring a motion in the Probate Court.  "Standing" means that you have a legal right t ask the court for some relief here. If the Personal Representative has signed the contract as the fiduciary of the estate then he has bound the estate to the terms of the contract and I think that you most likely can bring a motion to enforce the contract  - known as specific performance - but where the matter is in the probate court will matter here.  Good luck to you.


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