If a Will was contested and the executor withdrew, what’s next?
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If a Will was contested and the executor withdrew, what’s next?
My grandmother passed away over 5 years ago. In her Will my mother was appointed executor. However, the Will was contested, from my knowledge my uncle tried to become executor but doesn’t want to pay his lawyer and the Will is sitting at the court. My mother withdrew as executor. I am the only one in the Will waiting to receive anything (car,stocks, knick-knacks). I don’t have any money to go to a lawyer for help. How do I get info? How and should I become executor?
Asked on September 6, 2011 under Estate Planning, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If no one is willing to act as the executor under your grandmother's will where a probate proceeding has been filed but the administration of the probate has stalled, you can file a petition to appoint yourself as the administrator of your grandmother's estate with the court so as to start moving things along.
Most states allow an attorney to represent an estate for a percentage of its gross estate to be paid in the end. That way one does not front monies for legal fees and associated costs to probate the estate.
I suggest doing an online search about the probate process and how you can start the proceeding where you get appointed as the administrator of the state to get things moving forward.
Good luck.
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