How to get an executor to do their job?

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How to get an executor to do their job?

My siblings and I are in a situation where we are the main beneficiaries to a Will that my grandparents left. My grandfather first passed but the joint Will did not go into effect until 2 weeks ago, when my grandmother passed. The executor of the Will is my stepmother, who is married to my father, who we believe will try to con his way into some money. This, despite his never seeing her when she was sick. She is the executor and it’s been 2 weeks so by now the Will should have been read. We’ve been requesting to read it and we’ve been getting blown off. She stated that she needed to get paper work into order. We need to know our rights and how to press the issue of the reading of the Will and then enacting it.

Asked on November 3, 2012 under Estate Planning, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Generally speaking, the formality of a reading of the Will has been done away with in this day and age.  What should happen is that the proposed executor should be filing a Probate Petition with the court and you should be receiving notice of same with a copy of the Will. Although I am not trying to minimize your concerns here 2 weeks is not a very long time after a person's death to expect that the paperwork should be in order.  It does take time.  If you believe that assets are going to be dissipated then I would speak with an attorney there and hire that attorney - at your own expense - to monitor the situation.  Good luck. 


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