Q: How to petition to remove a personal rep and stop the sale of a INVST prop held by an estate where I have part interest
My father passed. My eldest brother was made personal representative. The is a property that was cash flow positive (rental) and through unilateral decisions made by the per rep and agent has not produced any money and created additional liabilities. My siblings and I are all owners of the property per the will. The personal rep listed the property for auction. I want to stop this sale. There are claims against the estate and the rental income could've been used to offset those claim. Through lack of professional guidance the property now owes back utilities, fines, and will be sold off in December through auction, for potentially under market value. I want to file a petition in the estate court to block the sale and remove my brother as personal representative.
A: You may wish to seek legal assistance from an attorney who regularly handles estate litigation. A Personal Representative generally has discretion to make decisions about estate property but if they breach their fiduciary duties an interested person might file a petition in the Register of Wills / Orphan's Court where the estate is administered.
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