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My sister's husband died nov 2012. the executor has done absolutely nothing..what recourse does she have.

Roanoke, VA |

he has not provided any allowance, he has not contacted her at all about anything...7 months

Attorney Answers 5


Your sister should contact a probate attorney who can either find out whether the executor intends to act and file for probate or he can file on behalf of your sister and get the process moving.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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She should explore hiring an attorney to "prod" him along or petition to have him removed if he is doing nothing.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

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I agree with Attorneys Reed and Zelinger. With seven months in the rear-view mirror, your sister needs to have her own counsel to make sure the executor is performing his duties correctly. Good luck to you and your sister.

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.

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I agree with my colleagues. It appears that your sister is not going to be able to deal with this without legal counsel. For whatever reason, the executor is not being responsive. The first step is to seek assistance from a probate attorney. The next step would be to go to the court, if things cannot be otherwise resolved.

James Frederick

***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!

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I have many colleagues in Roanoke that can help her; check out; or give my office a call.

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