Legal Question in Wills and Trusts in Puerto Rico
Delinquent executor
My father-in-law is the executor of his mother's estate (my wife's grandmother). There is an iron clad will that very clearly states what the beneficiaries are owed. My wife is a beneficiary of nearly a third of her grandmother's estate.
Her father is an abusive, tyrannical character that abused my wife for most of her life. Now he is refusing to settle the estate and is making up ridiculous stories about how my wife stole from him and that he has payed her already with some crappy jewelry of his mother's that he sent a year ago (net worth less than $100).
We have an attorney but he may be dropping us because he figured that it might be settled out of court. Now that it's apparent that that's not the case he says he'd take it to court for $125 an hour.
We do not have the money to do this and it almost seems criminal that this can even occur. Can anyone recommend what rights and what avenues we can explore to settle this estate?
1 Answer from Attorneys
Re: Delinquent executor
You do not state how long the estate has been open or whether it is you or the estate that is in MA. In MA an executor has a duty to file an inventory with the court showing the value of the estate on the date of death and to file an annual account of the income and expenses of the estate. You or your lawyer can file a petition to force your father-in-law to file these things. If he does not, you may ask that he be removed.
If this goes to trial and you win, the estate could cover your costs. Before going to trial you should consider the value of the estate, including your wife's one-third, in comparison with the cost invloved; whether other legatees will share in the cost; the time and energy involved in a full trial; and what the likelihood of winning is. If your attorney will go to trial for $125 per hour, he charges $150 less per hour than I would for similar work.
Good luck.
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