What procedure has to be followed in KY to petition the court when the executrix has not followed the will and has self served?

Asked over 2 years ago - London, KY

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?

Attorney answers (3)

  1. Steven J. Fromm

    Contributor Level 20

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    Answered . 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_T... Even though this relates to PA law most states have similar rules.

    Hope this helps.

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    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  2. Brian Coleman Kelly

    Contributor Level 14

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    Answered . The heirs can normally petition. If she is closing already, then you need help.

  3. Donald Joseph Quinn II

    Contributor Level 15

    Answered . 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... more

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