An attempt to have him removed was unsuccessful. I will have to do what's necessary to force settlement on my own. Thank you.
You are going to have to have a Rule to Show Cause Why the Administrator Should Not be Removed. I don't know what type of procedure you attempted previously, but it certainly doesn't sound from your explanation like it was more than something that happened in Motions' Court. You will need to petition the court to issue a Rule and you will need an attorney to do that. If it is not worth your share of the estate to retain a lawyer then you will have to make the decision to let it go because you cannot effectively do anything about this in the courts without an attorney. Your past experience should tell you that. I have clients all the time who have to weigh the cost vs. the benefits even if they know they are right. There is no point in paying more in legal fees and court costs than you are going to get out of the estate. It's a hard choice, but many people have to face the same analysis. Plus, the administrator is going to use the estate's assets to defend himself. He can do that as long as he comes out on top.
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You tried to remove him as administrator? Did you have a lawyer? Why did it not work? Was an account provided at that time, and what was outcome? You have to have a lawyer help you force the accounting and distribution.
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Has the Will of which the administrator is named been filed in probate court with a proceeding pending? Not sure what you mean by your attempt to remove the administrator. However, you have cause and need to talk with a local attorney about what the administrator is doing to protect the decedent's estate and whether he is breaching his fiduciary duties, especially if he has been living in the house rent free. You also need to know what the Will says. Does it give the administrator rights to the house? If there is a probate matter in court for the decedent, you need to talk to a local attorney about filing for an accounting and inventory and force the subject to a judge to review and decide.
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Its hard to give you a specific cause of action or remedy because one needs to know all of the facts and circumstances to do so, and I do not like to just answer that you need to consult with an attorney, but I am afraid that is the best answer here. An experienced probate and estates attorney will likely advise to file for a Citation from the Orphan's Court requiring an accounting, or requiring a response as to why the estate has taken 3 years to wind up. The estate is entitled to rent from the residential real estate that is being occupied by the administrator. Also, removal as administrator after three years should not be difficult.
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