QUESTION: Dear Legal Wiz,
My brother, my mother and I were left property by my dad. The executor lives up the road but he is very afraid to get the will probated.
My brother is always threatening him telling him that the house should go to he and my mother alone because I am already well off.
The executor says he cant be bothered with all the threats on his life, and then my mother is not so well, so she cant do anything. All of us live in the house now, and my brother is always drawing weapons on everybody. The police were called to the house, but they only said they cant do anything because its a civil matter, and my mother should go to the Family court for a Restraining Order.
My mom told me she wants it settled so she can sign her part to me, so that the other children who were not on the Will can get something.
I need help.
Can you help me. Can I do anything to get the will probated.
RESPONSE: Dear Sean,
Where the probate is concerned you can apply for administration, but the executor should file documents that he is not or cannot act as the executor.
The Will will still be needed and an attorney can guide you into how to put your application together, or better yet assist you.
The lawyer can also guide you into working through the problems with your brother – he/she can assist in bringing the matter before a judge so that some kind of mediation can take place, for your brother to understand.
Write again should you need our assistance further.
The above does not constitute legal advice. The responses are prepared and published by inhouse senior journalists after research and discussion with attorneys-at-law and other specialists, as necessary.
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