What to do if a widow is non-responsive to beneficiarie’s request for information?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if a widow is non-responsive to beneficiarie’s request for information?

Can the widow/ named executor, who has not presented the Will for probate beyond the statutes of limitations, and does not respond to letters sent to her by beneficiaries and an attorney, have her right to be executor taken away by the successor executor who petitions the court for probate of Will?

Asked on August 5, 2012 under Estate Planning, Hawaii

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation involved.  Generally speaking, the failure to present a Will for probate can have statutory implications (each state differs in how they handle it) but generally an affidavit of lateness explaining why - grief, etc. - may be enough to overlook the time frame issue.  Now, the reason one would petition the court to remive the executor is if there has been a breach of their fiduciary duty.  Not responding to inquiry from the beneficiaries can be held to be a breach depending on the facts.  Speak with your lawyer about what proof you need here.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption