Monday, March 2, 2015

How do I respond to a Petition to have me removed as Executor of an estate? How much time do I have to respond?

Question

How do I respond to a Petition to have me removed as Executor of an estate? How much time do I have to respond?



Answer

First of all, no one should ever start a probate without a lawyer. Petitions to remove an executor are serious. Not only could you be removed, but you may owe financial damages and attorneys fees to the estate if you lose, and your chance of winning without a lawyer frankly is close to zero. As a general rule, your response will be due in 30 days but do NOT wait 30 days to hire counsel. Do that immediately.



Answer

30 days from the date you received the petition. Attorney Ashman is right - you need to get a probate litigation lawyer NOW.



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