Wills and Living Wills

questions & answers

Question: My sister died in April leaving her estate to 2 foster children. Her personal representative quit in May and no one has assumed control of the estate and he has not turned it over to anyone. I fear the home will go into foreclosure. I would like to have a private fiduciary take over, what do I have to do to make that happen? The foster children are listed as her only heirs, my brothers are furious, can they prevent a private fiduciary from assuming control and force the foreclosure and loss of her estate? I don't have funds to hire a lawyer, how can I get this accomplished?

Answer: If a person wants a private fiduciary to be appointed, then a petition needs to be filed with the court to request that a private fiduciary or an individual be appointed. Any persons interested in the estate must be given notice and the matter needs to be set for a hearing. Any people who do not want the appointment may object to the appointment.

QUESTIONS

  • My sister died in April leaving her estate to 2 foster children. Her personal representative quit in May and no one has assumed control of the estate and he has not turned it over to anyone. I fear the home will go into foreclosure. I would like to have a private fiduciary take over, what do I have to do to make that happen? The foster children are listed as her only heirs, my brothers are furious, can they prevent a private fiduciary from assuming control and force the foreclosure and loss of her estate? I don't have funds to hire a lawyer, how can I get this accomplished?

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