My father passed away last year. Due to conflict with many of the heirs, an independent Personal Representative was appointed with supervision last December. Since that time, nothing has happened. The properties (land / houses) remains vacant and has not been maintained this entire time. One of the out buildings was also found to be unlocked. We don't believe insurance has been kept on these properties either. We have tried numerous times to contact her to no avail. This includes phone calls, emails, and even having another attorney request an accounting of the estate. A realtor had even contacted the PR regarding a buyer for one of the properties, but those calls and notes on the PR's door went unresponded and the buyer found a different property. We have no idea what has transpired. I know we can go to court to request a new PR, but what recourse do we have against the PR currently appointed. The PR took an oath and is not acting in the best interest of the estate.
2 Answers from Attorneys
Hello. I am sorry for the loss of your father. You are obviously in need of private attorney counsel at this time, so do contact a private attorney to assist you. Perhaps you made a limited agreement with the attorney you referenced who assisted you, so you may want to return to that attorney or, if you were not fully pleased, then certainly choose a different attorney (because an attorney is performing a personal service to the client). This website provides general information and not provide legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
ESTATE PLANNING LAW
WILLS - TRUSTS
REAL PROPERTY LAW
I would proceed along two tracks:
track 1: Notify the personal representative, in writing, that you want to know his efforts to date to collect and liquidate the estate and to verify he has insurance in place; and
track 2: Get an attorney to bring this to the court to have this personal representative replaced and a new one installed.
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