From our “Ask a Question” Mailbag: How to Make Someone File a Will

Most Recently Updated August 9, 2018.

“My sister refuses to file my mother’s Will.  Then, she moved into the Doylestown house and won’t return my calls.  So, what can I do? Should I hire an estate litigator?”

How to Make Someone File a Will

How to Make Someone File a Will

When the Executor Refuses to File the Will, An Estate Litigation Lawyer Can Make Her Produce the Will.

As long as you are a beneficiary under the Will, your sister cannot get away with hiding the Will.  As a Beneficiary, you have a right to your inheritance.  If the executor tries to delay your right, we can bring a particular petition that will obligate her to produce the Will.  There is a special court that hears these Petitions. Our estate litigators focus exclusively on estate litigation and disputes; they have you covered!

You Can Also Ask the Court to Remove The Executor.

If you sister has purposefully delayed filing the Will, then as part of the same petition we can request the judge to remove her as executor.  Further, you will then become the executor if you are named the successor executor in the Will.  Failing to file the Will and moving into the house after your mother’s death are all reasons why the judge may decide that your sister is not fit to serve.  If we have the chance to talk, I might discover other causes for her removal.

You Need Your Own Estate Lawyer, You Can’t Depend on Your Sister’s Estates Attorney.

If your sister as Executor retains a lawyer, that lawyer should only be looking out for her interests.  You cannot depend on that estate attorney to help.  Therefore as a Beneficiary, you have rights, but you have to enforce them yourself.

We regularly represent Beneficiaries.  And, I would be happy to speak to you about your rights in this case.  Feel free to contact me to set up a phone conference or a meeting.  No one will defend your rights more than us!

Further Estate Litigation Questions?

Making someone file a will is only one of many Estate Litigation issues our firm addresses. Consequently, if you want to learn more, please read my more detailed article, Trust and Estate Litigation All You Need to Know.

In Conclusion: How to Make Someone File a Will

I hope that this article was helpful in explaining How to Make Someone File a Will. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Litigation Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Litigation Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.

Wills, Trusts, Probate, and Estate Litigation It’s All We Do!