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ProbateWhat can be done by a beneficiary of a will if an executor w/ non intervention powers is delaying the completion of probate while continuing to distribute large amounts of money to some of the other beneficiaries, as well as non-beneifiaries (through personal distributions to themselves), of the estate? Attorney answers (2)
What I usually do is:
1. Request a copy of the Inventory. Not so much to get one, but because if the PR doesn't provide one in 10 days, you can then move the Court to remove the PR for failure to provide the Inventory --- a simply way of getting the PR removed, which is really the answer to your problem. 2. File a TEDRA Petition to remove the PR & file an accounting, but here, you need to show reasons for removal, for example, neglect of the estate or breach of fiduciary duty or conversion (transfer of estate assets to persons not entitled to them). The applicable statutes are RCW 11.68.070 & 11.28.250. http://apps.leg.wa.gov/RCW/default.aspx?cite=11... http://apps.leg.wa.gov/RCW/default.aspx?cite=11... 1 person marked this answer as good
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Get a recommendation from a friend, neighbor or your CPA of a competent probate litigator. That lawyer will first attempt to communicate with the executor's lawyer or, if the executor is not represented by counsel, direclty with the executor. If the communication is unsatisfactory, the probate litigator will file a petition in probate court for an order reviewing the executor's actions and seeking a termination of the probate.
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