What to do if a widow is non-responsive to beneficiarie’s request for information?
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What to do if a widow is non-responsive to beneficiarie’s request for information?
Can the widow/ named executor, who has not presented the Will for probate beyond the statutes of limitations, and does not respond to letters sent to her by beneficiaries and an attorney, have her right to be executor taken away by the successor executor who petitions the court for probate of Will?
Asked on August 5, 2012 under Estate Planning, Hawaii
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the situation involved. Generally speaking, the failure to present a Will for probate can have statutory implications (each state differs in how they handle it) but generally an affidavit of lateness explaining why - grief, etc. - may be enough to overlook the time frame issue. Now, the reason one would petition the court to remive the executor is if there has been a breach of their fiduciary duty. Not responding to inquiry from the beneficiaries can be held to be a breach depending on the facts. Speak with your lawyer about what proof you need here. Good luck.
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