Incompetent lawyer causing grief to me and my family Incompetent lawyer causing grief to me and my family

2 years ago

The executor of my dad's will is incompetent and unable to bring closure. I have been bequeathed some property and some monies from my dads self acquired estate. Its over 30 months now and yet the executor seems unable to grasp the intricacies and has yet not been able to get the required NOC 's from my sibling. He is highly influenced by my brother and advocating his line of thought when my dad's original will seems to be sidelined. He did not even know that he had to file for a probate and only after my pushing him for over 2 years we just submitted the same yesterday. But there are still other issues regarding recovery of dues that my brother is holding out against me which the executor is unable to extract from my brother. The executor is just plain unable to handle or administer the will and provide the required justice to me (as clearly and plainly provided in the will). What options do I have before me. Please respond as the matter is genuinely causing grief to me and my family.

Anik

Responded 2 years ago

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A.Hey
If the beneficiaries have serious concerns regarding the ability of an executor to perform his duties, the beneficiaries must first write to the executor and ask him to explain his actions. If an explanation is not forthcoming or the beneficiaries are not satisfied by the executors' explanation, he or she may make an application to the court to remove or substitute the executor.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can file an application in the court for change of executor motioning the reason and therefore non performance to administer justice taking the help of an another advocate. The executor can be either removed voluntarily or by a motion from an interested parties.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may approach any other advocate.
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Abhimanyu Shandilya

Responded 2 years ago

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A.I have not seen a case where an executor has been changed but genuinely I can suggest you one thing as law is logical and all about common sense. Seek help of a different lawyer to file for probate and during the probate put an application in front of the Hon'ble Court mentioning your dilemma that how you cannot rely on the current executor who is not working for the benefit of the legal heir and request the court to replace the executor.
As I said legal system and law is there to support the and help the people hence let the Court take a decision on that.
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