The executrix had wills drawn and signed the deeds herself for the other heirs without their knowledge, put property willed to another heir in her own name, sold property without knowledge of the other heirs and kept most of the proceeds for herself, taken money and other items without sharing with the other heirs, will not make available receipts, bills, HUD Settlement Statements, etc..for review by the other heirs. Today i found out that 2 weeks ago, she has filed to have the probate case closed without notifing the other heirs. We want to make the probate court aware of the situation but do not know the legal procedures to follow? Does this have to be done by an attorney or can the heirs petition the court themselves? If so how?
You would be well served to retain an estate litigation attorney. This attorney can demand through the courts a full and complete accounting. He could also bring a surcharge action for any losses suffered by actions or failures to act of the executor/rix. Finally the attorney could bring an action for removal for cause of the trustee if warranted. For removal for cause, please see my article entitled Pennsylvania Probate: Removal of Personal Representative Under PA Estates and Fiduciary Code at the following link: http://www.sjfpc.com/Probate_Removal_Executor_Trustee_PA_Probate_law.html Even though this relates to PA law most states have similar rules.
Hope this helps.
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The heirs can normally petition. If she is closing already, then you need help.
Retain an atty, QUICK. They will know what to stop this train wreck. Good luck.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less