How to have Executrix removed?

My sister is Executrix of my Mom's Will. The Will stated that my sister could use my Mom's house as her Primary Residence, as long as she maintained it, paid the taxes, etc. It also stipulated that if she no longer used it as her Primary Residence, the house is to be sold "in an expeditious manner."

My sister has not resided there since May 8th. She moved in with her boyfriend. Dressers are moved, closets are bare, and her mattress is no longer there. However, most other belongings ARE there - DR table, nephew's futon and desk, washer and dryer, extensive basement storage. (She is basically using it as free storage...)

She now plans on renting out the house, and my brother is in agreement with this. *I* think the Will should be executed "as is," and the house be sold. I have contacted both siblings multiple times by text and e-mail, and they refuse to discuss the house with me. 1) Is seven weeks of vacancy enough time for the Court to Act / that she is not acting in an expeditious manner? 2) If I become Executor - I am assuming that *I* will then need to pay the utilities, taxes, etc. until the house is sold. 3) If I take out a home equity loan to fix up the house for sale, pay utilities, taxes, etc. - I am assuming I can "net" repayment of the loan AND INTEREST, prior to distributing funds from the sale of the house, right? 4) Similarly, I can seek reimbursement for my legal costs for having her removed as Executrix, for not performing her duties?

Update:

TedEx: My sister has worked extensively with the Administrator over the Will, on various divorce issues involving her ex (sensing a pattern?). Pro-bono... From what I understand, the Administrator told my sister the Will *could* be deviated from, if ALL parties agree (which I obviously do not). So, he is already aware the Executrix plans on deviating from the Will.

2 Answers

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  • TedEx
    Lv 7
    5 years ago

    This is something you should discuss with the administrator of the estate, which would be the lawyer who is taking care of the will.

  • 5 years ago

    The will has to be probated first. If that has been done, you will have to petition probate court to order her to follow the will. When she fails, you can then petition the court to remove her as executrix.

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