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Old 10-30-2007, 10:42 PM
DrewDevil DrewDevil is offline
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Join Date: Mar 2006
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Default Re: Ask DrewDevil your legal questions

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OK this question is purely hypothetical. [img]/images/graemlins/wink.gif[/img]


A man with a sizable estate dies. His widow is believed to be named as the executor of his will. However, she refuses to execute the will or even have it officially read. In the meantime, she seems hell bent on blowing the estate as fast as she can.

What is the best way to go about having her forced to execute the will, or would a petition to have her removed as executor be a better option?

Also wonder if a notification to the county probate office letting them know of the situation to force her hand might be a good idea.

The death occurred about 10 months ago, and the (hypothetical of course) county would be Los Angeles.

Thanks in advance Drew.

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Never done any probate stuff, so this is just a hunch.

The heirs would want to get a temporary injunction freezing the estate's assets while they filed a Motion to Substitute Executor, or whatever the appropriate document would be. An executor of an estate is legally required to probate the will, fulfill the wishes of the decedent, etc., so I'd bet that the heirs could have her removed in Cali or any other state.
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