How to take over from a former executor of a Will?

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How to take over from a former executor of a Will?

My sister was named executor of my parent’s estate; my brother was named as back up if she was unwilling to serve. Now she has walked away and her lawyer quit. How does my brother step up without her willing to even discuss it. We are unable to transfer titles or stock without her at this point.

Asked on April 14, 2012 under Estate Planning, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation.  You are going to have to petition the court (probably by motion before the judge) to have her removed as executrix - if she will not do it herself - and to appoint your brother as successor.  The attorney needs to give your brother the file (he will probably have a lien for work completed by him) but most of the file should be easily obtained from the probate court as it is a public record.  Your brother will have to hire some one to help him too.  Good luck.


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