Executrix of my Dad's Estate needs to be removed, but I don't want to pay an attorney. Don't take offense but is justice only for those that have money?
Feb 28, 2010 / By: Cheryl K. David, Estate Planning Attorney / Category: Probate QuestionsQuestion: I need to be able to file a motion to have a person removed as executor and review my Dads accounts and her “joint” account with him that she admits was a “convenience” account. The problem is I only have about $3,000 and at $250 an hour an attorney just driving back and forth to file motions would burn that up fast. Don’t take offense but is justice only for those that have money?
Dear Distressed in Charlotte,
Wow! It sounds like you believe there something really bad going on with the executrix of your father’s estate. If you believe that she is defrauding the estate, it will end up costing you a lot more than the attorney’s fees if you don’t get this activity stopped. The entire estate could be lost. While technically you could try to figure out how to file these motions yourself and become your own lawyer, I don’t recommend it, there’s probably too much at stake. You could contact a few attorneys in the county where your Dad lived before he passed and see how much they would charge and whether or not court is feasible. You would have to prove that something bad is going on before they will remove the executrix and that’s not an easy task without knowlege of how the probate system works.
Best of Luck,
Cheryl
www.cheryldavid.com
The Law Offices Of Cheryl David is a member of the American Academy of Estate Planning Attorneys.
