Can a Probate Judge remove me as Executor of the Estate just because my brother will not sign he is happy with his part?

Business 2 views 3 answers
I am the executor of the estate of my dad's estate. The Will says to split everything in half. He wants more than half and has taken control over what he wants (three-fourths of the estate). He refuses to sign a paper stating what his half is and he tells the Probate Judge he is not as well. Now, the Probate Judge wants to remove me as Executor of the Estate and assign it to a court appointed attorney and I have to pay 5% of the value of the estate in attorney's fees. Is this legal what the Probate Judge wants to do? Why? What can I do if it is illegal? I can not afford an Attorney because I have already spent $12,000 in attorney fees and the attorney has given up because he says he cant get anywhere with the Probate Judge. I don't know what else is to do. HELP!!!

Attorney Answers

3
Shelley Elder ·
If it is truly a judicial issue there is not much you can do. You may want to explain to the brother that you all will get less b/c of him not signing
0 upvotes
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello, The Probate Judge is the final arbiter of a case. He must have good reason to name a third party to be executor. If there is some irregularity in the Judge's ruling, then a local probate attorney may be able to identify it. It is recommended you consult with local counsel.
0 upvotes
Cheryl K. DavidProbate AttorneyGreensboro, NC ·
Since your brother refuses to sign off on his inheritance, despite your best efforts, the judge is within his purview to move the case to resolution and appoint an attorney to bring to case to an end. Please submit the legal bills and fees to the court, so that you may be reimbursed for money expended. It's doubtful without legal intervention that this case would end. The court appointed attorney should be able to give you some closure.
0 upvotes

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