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Posted on Thursday, June 23rd, 2016 by Peter Klenk

From our “Ask a Question” mailbag addresses what to do if the executor refuses to file the Will:

“My sister refuses to file my mother’s Will.  She moved into the house and won’t return my calls.  What can I do? Should I hire an estate litigator?”

Sisters fighting over mother's WillWhen the Executor Refuses to File the Will, An Estate Litigation Lawyer Can Make Her Produce the Will.

As long as you are a beneficiary under the Will, your sister cannot get away with hiding the Will.  As a Beneficiary, you have a right to your inheritance.  If the executor tries to delay your right, we can bring a particular petition that will obligate her to produce the Will.  There is a special court that hears these Petitions. Our estate litigators focus exclusively on estate litigation and disputes; they have you covered!

You Can Also Ask the Court to Remove The Executor.

If you sister has purposefully delayed filing the Will, then as part of the same petition we can request the judge to remove her as executor.  Further, you will then become the executor if you are named the successor executor in the Will.  Failing to file the Will and moving into the house after your mother’s death are all reasons why the judge may decide that your sister is not fit to serve.  If we have the chance to talk, I might discover other causes for her removal.

You Need Your Own Estate Lawyer, You Can’t Depend on Your Sister’s Estates Attorney.

If your sister as Executor retains a lawyer, that lawyer should only be looking out for her interests.  You cannot depend on that estate attorney to help.  Therefore as a Beneficiary you have rights, but you have to enforce them yourself.

We regularly represent Beneficiaries.  And, I would be happy to speak to you about your rights in this case.  Feel free to contact me to set up a phone conference or a meeting.  No one will defend your rights more than us!

If you have any other questions about Wills or Estate Litigation services, feel free to contact our office for a free consultation.

Wills, Trusts, Probate, and Estate Litigation…it’s all we do!

Peter Klenk, Esq.

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