If my brother-in-law, who is the executor, has failed to distribute proceeds from sale of auto and auction for over 2 years, what are my legal options?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my brother-in-law, who is the executor, has failed to distribute proceeds from sale of auto and auction for over 2 years, what are my legal options?
Asked on June 8, 2015 under Estate Planning, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
An executor owes a fiduciary duty�when handling estate matters. If they fail to properly perform their duties, they may be removed for breach of�that duty. And, if all that was involved in settling the estate was to distribute money from a car sale and auction and is still has not been done after 2 years, that may well constititure such�a breach.
The fact is that�any "interested person" (e.g. a beneficiary)�may file a petition with the court requesting that the executor be removed for cause.�If the court finds that cause exitst it will order�removal of, and�replacement for, the executor (the court will appoint the new executor).
At this point, you may want to consult directly with a probate attorney as to your rights under applicable state law.
�
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.