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  1. #1
    Join Date
    Jul 2012
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    479

    Default Re: Removing Executor Before He Has Been Appointed

    I cannot fathom why someone wouldn't press the court by way of petition to proceed with probate if this person cannot carry out his duties; it's kinda unfathomable to allow estate to remain in limbo. Then again, for all I know, they owned all their property jointly w/ right of survivorship. (You also later indicate the focus of your interest is on a life insurance policy, which may not be part of the probate estate.)

    It is unclear why your husband is calling the court to ask about this vs. an estate-probate attorney. Court won't walk people through procedure, and this isn't something that comes up on a daily basis (husband's being prosecuted for murder of spouse). You can always ask clerk to point to cases they may be able to come up with where this has been the case.

    "There is a life insurance policy as stake in this situation."

    If the life insurance is made payable to him, that's a matter of contract and the policy isn't part of the probate estate. If such a policy is your sole focus, then it would seem indeed a matter that the Slayer Rule will resolve. But I don't think manslaughter will necessarily count as "murder" under the law. You'd have to ask an attorney to research this question.

    It doesn't make sense to me that you've consulted with an estate-probate attorney about "removing" him as executor and that the basic question hasn't been answered.

    "And, as for hiring a lawyer, how much would a typical fee be for this?"

    Depends on what you mean by "this" and how involved it is. An action/petition to contest the court appointing someone executor where the nominated party fights it might be very expensive. You'd have to ask around for hourly rates, since I doubt anything beyond preparing the petition itself would be something an attorney would likely agree to do for a flat fee.

  2. #2

    Default Re: Removing Executor Before He Has Been Appointed

    I'll try to clear up any confusion:

    First of all, my husband called the court to ask about the procedures that we should follow after the conviction because we are ignorant of them and figured they would be able to give us the best answer. It is clear to me now that they are not the place to be starting at.

    Second, the life insurance policy is made payable to the estate. Again, since supposedly there can be no executor appointed until there is a conviction, we cannot probate the will and set up an estate account in which the money can be deposited into.

    When you say that it doesn't make sense that we consulted with an estate-probate attorney about "removing" him as executor...i'm not sure I understand what you are asking. Does that mean we should not be hiring an estate attorney and instead hiring another type? If so, what type of attorney would be best for handling this situation?

    I agree with you in your first statement that you "cannot fathom why someone wouldn't press the court by way of petition to proceed with probate if this person cannot carry out his duties; it's kinda unfathomable to allow estate to remain in limbo." However, both my husband and brother-in-law have been to the probate court and were told that there is nothing they can do if my father-in-law will not sign the renunciation papers. Also, when we consulted with the lawyer, he too said that we could sue him, but ultimately we would have to wait until there is a trial and conviction because no judge will make a judgement on the case because he is innocent until proven guilty.

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