What can be done if my father passed away 6 months ago with a Will that my brother has but he has done nothing with it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can be done if my father passed away 6 months ago with a Will that my brother has but he has done nothing with it?

And it doesn’t seem as though he’s going to. Is there anything that can be done?

Asked on June 4, 2015 under Estate Planning, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I'm assuming that your brother has been named the executor of your father's estate, which is why you are waiting for him to take action. That being the case, an executor owes the estate a fiduciary duty in handling estate matters and if they fail to properly perform their duties, they may be removed for breach of their duty. And refusing to submit a Will to probate may be such a breach. 

Any "interested person" (e.g. a beneficiary) may file a petition with the court requesting the executor be removed for cause (i.e. the placing the estate into probate). At that point a replacement for them will be appointed by the court.

At this point, you may want to consult directly with a probate attorney as to your rights under applicable state law.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption