My aunt is the personal Representative for my fathers estate. While he was alive i was the court appointed guardian of the property. He was not married & i am his only living child. I have proof that she has left assets & bank accounts off her inventory as personal Representative & her inventory does not match mine. She has not provided me bank statements to show what she has done with the money since being appointed in January. She only provided me a handwritten account activity. She is only the personal representative because his will nominated her. The will also stated that her & i were to split his estate 50/50. I filed a caveat in January because i have since hired two handwriting experts who found the will was forged by her. These are the only two handwriting experts in Maryland. (Forensic document examiners & John hargett) while we have a caveat trial scheduled in January of 2020. My aunt has been spending the estates money. Despite her needing a court order i thought to spend money because she should now be a "special administrator" She is still spending money with out anyone knowing about it. Can i file to have her removed & me appointed? If so how would i do that?
If you have proof that your aunt is exceeding the bounds of her authority as special administrator, you can and should be filing an action to remove her, a petition for an interim accounting, and/or a petition for an order to show cause for such relief. If you have not yet engaged an attorney, you probably should at this point, as these filings are not on standard forms and are likely beyond your areas of expertise. Best wishes.
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The caveat proceeding is separate and apart from any Petition seeking her removal as PR. There are numerous statutory grounds justifying removal, and it's possible that her conduct falls within those grounds. You should consult the attorneys handling the caveat proceeding - if you do not have attorneys for that, you should obtain one.
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