Q: The personal representative who took over my father's estate is now refusing to distribute it.
Is there any recourse family members can take?
A: Yes, as long as a family member has standing. The family member must be either a beneficiary of the will, or an intestate heir if your father died without a will. You can file a petition for instructions to compel the personal representative to act by filing the requisite inventory and appraisal, accounting and report, and petition for distribution. Or, if you suspect a breach of fiduciary duty, you can petition for suspension of powers and appointment of a successor personal representative. If you are unable to have the personal representative removed, in a petition for instructions, you may want to request that the court order a bond if it had been waived.
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