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

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

Posted

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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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 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 is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

Thank you for the detailed response. It was the most helpful to my question. I have retained attorneys in both states that the estate includes. This will be an expensive process, but either way, i am going to be out a great deal of money.

Posted

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

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Is there formal paperwork that has to be filed? If so where do we get the forms? Or can we just write a letter to the probate judge and let him know that there is problems with how the executrix has handled the estate and request to be present or can the other heirs show up at the court date? How can the heirs find out the place, date and time of the probate case close date? We have been totally kept in the dark about the proceedings and not sure how to proceed.

Asker

Posted

Since writing the above question, i have learned more about how the process is to be followed. The wheel of justice is rolling, but will take time to get to the end.

Posted

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

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