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How do you get the house in the name of your deceased wife transferred to you when the executor of my wife's will refuses to go to probate?
You should consult with an attorney and file a petition to be appointed the administrator of your wife's estate as though she died without a will. Her heirs-at-law will be notified of the petition and be provided with an opportunity to object.
If there is a will then the person who has it will likely produce it. They may then file it for probate. You would have a viable objection to the appointment of the named executor in that will since they have already displayed evidence that they would be a hostile executor. You could petition to be appointed the executor.
If the will is not produced then the estate would be distributed according to the intestacy laws of your state. You would reveive a share of your wife's property by law. You can check the laws out at the related question link provided below.
You should contact an attorney ASAP.
What else can I help you with?
What can beneficiaries of a will to do if the executor of the estate refuses to reveal the contents?
Assuming the testator of the will is deceased, the person's having need to know may file a request with the probate court for a copy of the Will. If the testator is not deceased, only they can make the contents of the will known, the executor would be acting on the behalf of the testator in matters of confidentiality and could not reveal the terms.
Who become a new executor if the original executor of a will dies and the will was already in probate?
If the will names an alternate executor in the event the first named executor dies or refuses to serve, then that person should become the new executor. If the will does not name an alternate executor, or if the alternat has died or refuses to serve, then generally one of the residuary legatees named in the will should be appointed. In some states this person is not known as an executor but rather an administrator c.t.a. This is an abbreviation for the Latin "cum testamento annexo", meaning, "with the will amended." Keep in mind that probate laws differ from state to state. This is a general answer and might not apply in every state.
What are the rights of the heirs to see the will or trust of their deceased parent when the surviving spouse refuses to allow them access?
They can file a petition in the probate court requesting a copy of the will.
What if the executor refuses to read the will?
The named executor has no authority until they have been appointed by the court and she/he is obligated by law to file the will with the probate court within a reasonable period of time, usually around 30 days. If they don't produce the will they are in violation of law. If the named executor is with-holding the will then the family has several options. Another family member should tell that person they will file a petition for administration as though the decedent had no will. The court will notify all the interested parties of the petition and if the executor doesn't produce the will the court will appoint an administrator to settle the estate according to the state laws of intestacy. The family could also file a complaint with the probate court that the named executor is with-holding the will and the court can issue an order to file it. The family could object to the appointment of the named executor and another person could request appointment. You should consult with an attorney who specializes in probate who can review your situation and explain your options. A letter from an attorney might motivate the executor to produce the will.
What if an executor refuses to pay bills for the deceased?
The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed. And if they insist on not paying, the court can revoke their status as executor and assign it to someone else.
Can a copy of a will be used if executor refuses to have the will probated and will not relinquish the original copy of the will?
You need an attorney, not a website. An executor does not have the legal right to "refuse to have the will probated." Until the will is probated, it's just a piece of paper (and part of what makes an executor an executor instead of just a busybody is being granted probate by a court). From what you are saying, the "executor" in this case is playing fast and loose with the law, and you'll probably want to get an attorney involved sooner rather than later.
My stepfather's third wife is executor of his estate and refuses to probate the will or allow his heirs to even read the will Can she do this?
She is not the executor until she is appointed by a court. You don't even know if there is a will. The children should get together and petition for one of the children to be appointed the Administrator of the estate as though he died intestate. If she has a will she will produce it to stop the Administration proceeding and she will have to commence a probate proceeding to probate the will. You can check your state laws of intestacy at the related question link below. Your father may have died intestate and that could be why she won't produce a will.
How can a beneficiary monitor the actions of the trustee in California when the deceased person's estate is in Texas and what can be done if the trustee refuses to disclose or account for anything?
Generally speaking, most states require that, in the event a decedent designates a non-resident executor or trustee of a residual trust (i.e., a executor or trustee who resides out of the decedent's home state), the non-resident executor or trustee designate and identify to the Texas probate court an in-state contact person. In the event a beneficiary or heir of the decedent's estate believes that a distribution of estate assets has not been made, made improperly, made contrary to express provisions of the descent's will or trust agreement, or that the executor or trustee is wasting the assets of the estate or trust, then the beneficiary or heir may petition the Texas probate court for and accounting. Talk with the Clerk of the Probate Court where the will is probated. Be aware teat the Clerk cannot give legal advice, but can advise you on procedures and forms required by that court for filing a request for an accounting. You should consult a Texas probate attorney for the remedies specific to Texas probate law.
In Colorado how does an heir get a copy of the will if the executor refuses to give them one?
== == File a request with the probate court to obtain a copy of the will and any other pertinent documents that have been presented to the court. POAs become null and void upon the death of the grantor.
How long can a beneficiary stall a probate of a will?
The laws vary in every different jurisdiction. It is not possible to give you a precise answer. Generally, when a will is submitted to the probate court for allowance and appointment of the executor there is a statutory period during which the will can be challenged and objections to the appointment of the executor can be filed. That must be done in writing. If either or both are filed, the court will schedule a hearing and render a decision. The probate procedure then proceeds. Beneficiaries are asked to sign assents at several points during the process. If one refuses to sign, a notice of the matter is published and the process proceeds. Difficult participants may file objections and complaints in writing during the process, the court will rule and the process will proceed. The executor is entitled to compensation for performing their duties. If you require more specific information you should consult with an attorney in your jurisdiction who specializes in probate or with the attorney who is handling the probate in question.
What if a person was given permission to store property while probate of the will took place and now refuses to relenquish property?
The executor should not have allowed the property out of her/his possession. It is their duty to safeguard the property on behalf of the heirs. The executor will need to sue the person who has taken the property.
How can an heir examine estate bank accounts if executor refuses to share them?
First, an executor must be appointed by the court. Until the appointment they have no authority. To commence the probate of a testate estate, the will must be submitted to the probate court for allowance and the executor petitions to be appointed. If the will is allowed and the executor appointed, a probate case is created and that file becomes a public record. Anyone can visit the court, request the file and review the contents. One of the first duties that an executor must perform is to gather up all the property of the decedent and submit an inventory to the court. Any bank accounts must be listed along with their balances. After all the decedents debts have been paid and the property distributed, the executor must submit a final account that details where all the assets went, either to pay the debts of the estate or as distribution to the heirs. Any person can monitor the estate by periodically reviewing the file. No one but the executor is "entitled" to handle bank records. If you think the executor is not reporting assets accurately you can file a motion asking the court to compel the executor to produce bank records. You may need to hire an attorney if the situation gets that serious. See the related question link for a list of the general duties of an executor.
