Found an issue on this page? Let us know and we will look into it as soon as possible.
In Vermont, can I tell the probate judge I was coerced into turning over being executor?
Anonymous5 views3 answers
Our mother recently passed away, she had named my two brothers and I co-executors. The brother who was power of attorney prior to her death found a probate lawyer who then told him we needed to only have one executor. So myself and the other brother signed off on making that one the executor. Of course now he has turned into the executor from hell and there is fighting amongst the three of us. I wish I had never signed over being executor and need to know if I can either call the lawyer or the judge, whoever it has to be, to tell them I was coerced into turning over my part as executor?
Yes But you need to follow procedure You can file a motion to replace the brother as executor A lawyer will be able to guide you with the proper reasons and rational If you choose to do this yourself (not Recommended) you can get the proper forms for a motion from the court office .
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Making a phone call is not the way to proceed. I suggest that you pay for a consultation with a probate attorney and bring your various documents and a list of your problems with the current executor so that the entire matter can be analyzed. The attorney can advise you whether or not you have. legal grounds to file a motion to remove the executor or perhaps add you as a co-executor. The attorney can prepare and file an appropriate motion or give you guidance on how you can do it yourself, if you do not wish to pay an attorney on an ongoing basis.
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I agree with the others about the attorney, who would also be able to advise you on your chances of success on this particular issue, as well as your overall goals.
