My father in law passed away and my sister in law is the personal representative. She is not handling her responsablities properly. My question is: how difficult or expensive would it be to have her removed and do i need a lawyer to do it?
I would lodge your complaint first with the attorney for the executor and make sure the attorney understands that the executor is a representative of the estate and owes a fiduciary obligation to all of the beneficiaries and if she cannot handle the responsibilities in an objective and fair manner then she should be removed or resign. If you attempt to remove her you will need to present evidence to the court that the court will objectively determine represents a breach of fiduciary duties, etc. You will need an attorney if you seek to remove her. Good luck.
LEGAL DISCLAIMER
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
You will need an attorney to achieve this. Most attorneys will perform this type of work for an hourly rate. Please contact my offices in Media, PA (Delaware County) for a referral to an Estates Attorney or to speak with one of our attorneys in a private and free consultation: (610) 566-1006
Try communicating your complaints to your sister in law or see if she has retained an attorney for the estate. If so, communicate your concerns in an appropriate manner. If she is wasting or misusing estate assets then a petition can be filed to seek to remove her. But a replacement will need to be named. It can become a very expensive procedure which will reduce the assets of the estate further. Evaluate your concerns with how the estate is being handled.
