What can be done about personal reresentaives who are not doing their job?

UPDATED: Sep 7, 2012

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What can be done about personal reresentaives who are not doing their job?

My grandmother passed away over a year ago. She left a Will for her estate, which is small small. She named her 2 chldren as representavives of the estate. To date, they have not had the Will probated, they have taken furniture, jewlery, ec. out of the house and sold her car. Is this legal and, if it isn’t, what can be done?

Asked on September 7, 2012 under Estate Planning, Kansas


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

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation as it is.  So the Will has yet to be probated?  Then you can force the issue by filing an action to compel the probate of the Will.  What they are doing is not proper.  Only the executor that has been appointed by the court can legally sell the estate belongings and legally transfer a car.  Get legal help.  Good luck.

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.

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