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Can we stop a nominated executor from filing probate ? We are seeking in process of uncontested guardianship.

ADDITIONAL INFORMATION:

My sister is POA for my mother and father. Her 4 siblings have filed for guardianship after 2 yrs of obvious receipt from her concerning our folks assets , her obvious drug issues, misuse of both cash& credit and the selling of our parents house and estate without honest disclosure. Father passed 3 days prior to the first hearing in which she perjured herself concerning a lapsed life insurance policy which was discovered by her siblings while making funeral arrangements. She spent 2 yrs borrowing against the policy while telling her siblings premiums were being made. As POA , having hidden all of our parents assets, on the day of funeral planning, she refused to pay for either florist or funeral expenses. Yesterday, she hired an attorney to negotiate the discovery ordered April 2, 2014.

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

Your father’s Will needs to be probated only if there are probate assets. It is unclear whether your mother is still alive. Were all the assets owned jointly with your mother, have a beneficiary designation on them, or in a trust? If so, those assets avoided probate.
To probate the assets, the Will must be submitted to the probate court. The heirs of your father will be notified. If it is your sister who is the nominated the executor, you can ask her to decline to serve as executor. If she petitions to be appointed executor, you have the right to object.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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The probate attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts; Quincy, Massachusetts; Manchester, New Hampshire and Salem, New Hampshire.

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