Legal Question in Wills and Trusts in New Hampshire
My brother was named executor of our fathers estate.There are a total of 5 siblings.
My father lived and died in New Hampshire my brother lives in Massachusetts.My father died over 3 months ago and my brother has done nothing.We,not him,are now beginning to get calls from companies that are owed money by our father.
He refuses to allow our sister,who lives in NH to be co- executor so things can move forward.She is who is mentioned in the will as the person who would become executor if for any reason our brother does not serve.
Nothing re the will has been done at all.
Can we have him removed as executor and our sister named ?
2 Answers from Attorneys
Based upon your question it sounds like nothing has been filed with the Probate Court. Being named as Executor in a will is of no importance unless and until the will is presented to the probate court and the court appoints the individual to that office. I suggest that you need to get to an attorney who can help you work though the probate process and have you sister appointed as a result of your brother's failure to act.
There is a New Hampshire statute which imposes a duty on the Executor to file the will with the court in a timely fashion.
I just want to second Attorney Dorner's answer. I have run unto this somewhat frequently. The original will is suppose to be filed in the County Probate Court where the deceased resided. You can go to the probate court and the clerks are generally helpful but you have a situation that would seem to require a lawyer.
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