If you have a relative file to be personal representative, when not involved what can you do

Asked almost 2 years ago - Bothell, WA

I have my mothers Will. I am to be her personal Representative and all property and assets have been left to me and me alone.
One of my relatives thought I wasn't getting things done fast enough for her liking and went to a court and filed to become my mothers personal Representative, will this hold up or will a judge over ride her attempt to steal my mothers estate? What can I do? She calls me and threats me causing me unnecessary stress. She has threaten to throw me out of my mothers estate and did not properly serve me other than a sheet signed by the clerks office. Does anyone have any answers as to what to do with this since I was suppose to file the Will tomorrow with all the paper work? Can I file a restraining order against her and her husband to keep them from me? Please help

Attorney answers (5)

  1. Robert E. Millsap III

    Contributor Level 12


    Lawyers agree

    Answered . I think the best advice to give you is to make an appointment with an attorney and talk it through. I don't know if your relative is trying to "steal" anything. The relative might be concerned that you are suffering from grief or some other challenge and are unable to go forward. From the way you describe it, it is unlikely the relative can gain much by probating a will that he or she is not a beneficiary under.

    In any event, once you get representation you will be able to go forward and resolve the issues that occurred because of your mother's passing away.

    Don't forget that the person in possession of the original will is supposed to file it with the court within 40 days of the decedent's death.

    Good luck.

  2. Justin Eric Elder


    Contributor Level 16


    Lawyers agree

    Answered . I am so sorry that your relative is causing you so much trouble. If you are the personal representative named in your mother's will, your relative is probably just wasting her time and money trying to get herself appointed.

    Hiring a lawyer would give you someone else to take your relatives phone calls and handle them while you concentrate on sorting out your mother's affairs.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client... more
  3. James P. Frederick

    Contributor Level 20


    Lawyers agree


    Answered . If you are nominated to be the Personal Representative, then you have the highest priority for appointment and the court will not appoint someone below you. You can object to her appointment, but I do not believe you have anything to worry about. In fact, unless she is named as a beneficiary under the Will, then she is not entitled to appointment, in the first place. It is possible that she is simply trying to yank your chain. You may want to retain a lawyer to keep her at bay and allow you to administer the estate in peace.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  4. Joseph Michael Pankowski Jr

    Contributor Level 18


    Lawyers agree

    Answered . Attorneys Frederick and Shultz are correct. It is vitally important that you retain an attorney to assist you in her duties, including filing the will for probate as soon as possible. Once you file the will, as the named Personal Representative, you will be given the utmost priority by the judge to serve in this role. Indeed, unless you are deemed "unfit", you'll be appointed. Finally, unless your relative has an interest in the estate, she has no standing to serve as the estate's fiduciary. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  5. Charles Adam Shultz

    Contributor Level 19


    Lawyers agree


    Answered . I agree with Mr. Frederick, if you get everything under the Will, there should be no issue and the relative probably doesnt even have standing to file for appointment. If the relative is entitled to something, you may have issues depending on how long it has been since your mom died.

    You definately should get your competing petition filed immediately and lodge the original will. You would be wise also to consult and hire a local probate attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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Inheritance rights and estate planning

Inheritance rights refers to the rights most states give to a spouse (and in some cases, children or grandchildren) that prevent you from disinheriting them.

Executor of will

The executor of a will is the person in charge of finalizing the deceased's estate (paying bills, etc.) and distributing the estate according to the will.

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