Legal Question in Wills and Trusts in Indiana

is their anyway I could fire my fathers estate lawyer/ My dad past away at the end of August. I live in Indiana, and my dad lived in Tennessee. We are selling the house at auction. The lawyer will not allow my brother and I to go retrieve anymore personal items from the house, and until the day of the auction, we aren`t allowed to go to the house. I think that is just wrong!

Asked on 11/12/13, 3:38 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Unless you are the personal representative named in the will, you can't fire anybody. You can hire an attorney to go to court and request the personal representative be removed if you believe he or she is not following the dictates of the will.

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Answered on 11/12/13, 5:51 am

Kenneth Wilk Rubino Ruman Crosmer & Polen

If you are the executor or administrator of the estate, you can dismiss the attorney and retain a new one. Sometimes, heirs cannot be allowed to take personal items if there is not permission from the executor/administrator and either consent from the heirs or arrangements made for payment for the items that you wish to remove.

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Answered on 11/12/13, 5:13 pm

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