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
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.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
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 given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
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 considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
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 relationship. For more information, please visit www.justinelderlaw.com.
Elder Law Attorney
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.