What can I do if I filed probate for my aunt and she has 5 siblings but they refuse to sign the papers for someone to be her representative?
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What can I do if I filed probate for my aunt and she has 5 siblings but they refuse to sign the papers for someone to be her representative?
I would like to be it because I lived in the house with her. I was her POA until death.
Asked on January 20, 2015 under Estate Planning, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
In such an event, the probate court will have to make the determination as to who should be appointed as the personal representative of the estate. Most jurisdictions have a list of acceptable people who can act as PR's and the order in which they should be named, although many times the judge has a certain amount of discretion over this (e.g. a spouse over a sibling, a sibling over a neice/nephew, etc.). At this point you should contact the probate court to seek further information on all of this or at least contact a probate attorney in the are and arrange for a consultation.
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