Executor is Lackadaisical, in Pennsylvania
My father’s will said 50-50 between myself and one sibling. The sibling is the executor. The estate is simple, no extenuating circumstances, liens or outstand debt. I know executor filed required paperwork and has lawyer helping with that.
What needs to be done is this, clean out personal property, divide it or sell it and divide proceeds, sell cars, and sell property. It has now been 6 months since his passing.
Problem, executor continues to drag feet, has not made any real progress on cleaning out the house. executor has been there about 8 times over 6 months for a few hours, or goes over and gets overwhelmed and leaves. She uses estate $ to pay upkeep, utility bills, electric, heat, house/car insurance etc, which is what she is supposed to do, but is getting to be watseful. won’t hire anyone or allow me or anyone else to clean out the contents, Still can’t make up her mind, give up the stuff 50/50, sell it, garage sale, auction it. I keep getting reassurances she is going to get this done.
I have been ready, willing and able, sought out volunteers to help for free. I have made numerous contacts on her behalf with her permission to get information about selling the cars, the personal itmes, the house but she won't act on any of it. It's getting to be where concerns are arising of how utilities will be paid this upcoming winter.
I am in PA, is there a time limit of when this needs to be done? How long can she let the house and it's contents sit there ? What actions can I take to expedite the process? Can I call the lawyer she hired and express my concerns? Do I write to the probate court?
Re: Executor is Lackadaisical, in Pennsylvania
Have you considered getting your own lawyer, and petitioning to have the executor removed?
Re: Executor is Lackadaisical, in Pennsylvania
It is hard to remove an executor once appointed - usually they have to die, serious misbehavior, or becomes incompetent. The courts normally will not remove an executor just because the beneficiaries believe they are moving too slow, or are rude - for that type of stuff. The general rule is a court will remove an executor only if it can be shown to the court that the executor is incapable of performing their duties, that they are unsuitable for the position or that they become disqualified since appointed. However, you can try. (need lawyer) Even if you can't remove executor, a lawyer of your own should be able to help you protect your interest in the estate.
Re: Executor is Lackadaisical, in Pennsylvania
All I have to say is this, being an executor is a time consuming, tough job, hence the reason an executor can get compensated by the estate. If you pulled this when working your real job, you would be fired. if you can't do it, step down. In this particular situation, this person asked to be named as executor, and my father agreed to this.
I have found out that I can:
call the estate atty with my concerns, he works for the estate not for my sister or me, (though when hired by executor, some lawyers will not discuss anything with anyone other, then you just go to the court and get copies of the file) and this alone can sometimes get things going.
I can sit back for several more months, If things aren't where they should be, hire my own atty. This costs money, and drags things out even more, but sometimes is necessary.
Documentation is important.
the very unfortunate thing about this is, while you wait it out to see what happens, and what happens is "nothing", the damage is already done.
Re: Executor is Lackadaisical, in Pennsylvania
Quote:
Quoting
Mr. Knowitall
Have you considered getting your own lawyer, and petitioning to have the executor removed?
I agree.
Here is your answer.