I'm inquiring on behalf of my wife. Her father passed away in November 08 and did not have a will. Her father's companion took over the procedure of the estate and was named Independant Administrator at court when he went with my wife, her mom, and another family friend. (The other people were there to confirm that they were not beneficiaries and that my wife is the only living relative of the deceased.) The judge even told my wife, 'You understand that this is your money, correct? Mr. Brown's only duties are to pay off any debts of the estate and then give you the remainder.'
The IA gave my wife a check for a large sum already, but is now refusing to give anymore. He is also refusing to pay off the debts in a timely manner. He has even already 'spent the money' for my wife.. making lists of what he wants done with it. Like putting a large sum into the house so that HIS payments will be lower.
Can my wife remove him as IA? Can an attorney force him to act? Does he have any leg to stand on in the idea of keeping the money for himself? If he spends any of it, can we sue him for contempt?
Any help is much appreciated.
The IA gave my wife a check for a large sum already, but is now refusing to give anymore. He is also refusing to pay off the debts in a timely manner. He has even already 'spent the money' for my wife.. making lists of what he wants done with it. Like putting a large sum into the house so that HIS payments will be lower.
Can my wife remove him as IA? Can an attorney force him to act? Does he have any leg to stand on in the idea of keeping the money for himself? If he spends any of it, can we sue him for contempt?
Any help is much appreciated.
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