Legal Question in Wills and Trusts in Alabama

Re: Co-Executor

You can force him/her to do the job in one of a couple of ways. The best way is to simply have them removed as executor. This will require a court hearing and unless they have done something wrong, or unless the will specifically grants the power to remove executors, it might not work. Second, you can compel them to close the estate and compel an accounting to show cause why they haven't. You basically need to consult with a local attorney who specialises in Probate matters if you want this to go as smoothly as possible. I know some in your area.

William G. Nolan

www.NolanElderLaw.com

Re: Co-Executor

You would need to file a motion with the Probate court to force the co-executor to act properly, or to remove him. You can also find out exactly what he is doing with the assets and why. I would recommend that you consult with an attorney in your area.

Re: Co-Executor

You need to consult a local attorney who specializes in probate disputes. As a co-fiduciary, you have an obligation to protect the assets of the estate, and assuming your concerns are well-founded, doing nothing is not an option -- you could and likely would be personally liable if your co-executor sibling is unable to repay the assets back into the estate and you sit by and do nothing to stop further damage or seek a recovery of any missing assets.

You need to move quickly on this issue by a certified letter outlining your concerns to both the co-executor and the estate attorney.

Let us know if you and your own attorney need any further assistance. And, good luck, Chip