Can I as an heir present evidence to the Probate judge that executor is not collecting debts & entered into a loan agreement that was not agreed on by siblings?
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Read More Answered By: Rachel Hunter |
Your post leaves out a lot of information. I don't know if what the personal representative is doing is proper or not. For example, it could be that the debts oweed to the estate are barred by the statute of limitations so that may be why they are not being collected. An executor might have authority to take out a loan, but I would need more information. On the other hand, the personal representative might be totally neglecting his/her duties. The only way to know is to get a copy of the court file and have it reviewed by a probate lawyer in the county/state where the estate is pending. If the personal representative is not doing their job, he/she can be removed.
Estates are largely handled by the clerk of court, not the probate judge, so please don't go presenting evidence to the judge. If there is to be a proceeding, you will need counsel. If nothing else, a probate lawyer representing you can write to the personal representative and raise your objections and he/she will have a chance to explain. |
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