Legal Question in Wills and Trusts in New Hampshire

Can I ask for a different fiduciary of my father's estate?

My dad past a couple of month's ago. I am the oldest child, and he was not married. I was told that anything that happens with the estate has to gt my approval. Well, his ex-wife was appointed fiduciary of the estate. I was not aware of this and was not asked if it was ok, but when I found out, I did not dispute it because I live in another state. Now, I suspect some foul play on her part as fas as the estate is concerned : stealing personal property, not correctly doing inventory of personal propery - or even doing one at all, and not making certain assets, monies available to the lawyer. Can I ask to become fiduciary of the estate, and have her removed of the duties?


Asked on 10/10/02, 10:59 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Can I ask for a different fiduciary of my father's estate?

You would need hard proof of her breach of her fiduciary obligations before a court would remove her. You should speak with the probate clerk of the court as to your suspitions and see what he suggests. Good luck.

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Answered on 10/10/02, 3:43 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Can I ask for a different fiduciary of my father's estate?

I disagree:

1. As an heir, your must be copied with all court filings;

2. An inventory should have been filed. I would write to her asking for copies of all pleadings, and documents filed with the Court;

3. Alternatively, I would ask someone to go to Court, and copy all the information in the file;

4. Then have these reviewed by counsel.

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Answered on 10/10/02, 5:14 pm


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