Q: My aunt passed in 2012 leaving a will. The executor as of 2018 has not done anything.
Can she be removed and what happens to the homes she left that are now in danger if foreclosure.
A:
The 'executor' (Personal Representative) has priority to act but if they do nothing within the proscribed period then ANY interested party can petition to become Personal Representative and take over the probate of the Will. If it has been over 5 years, you have CERTAINLY waited long enough (and indeed perhaps too long if taxes are in arrears!) to begin the process.
Seek the advice of a local estate and probate attorney to be sure you are doing this right, and it makes sense to take on the obligations of PR.
If she's 'done nothing' you don't need to 'remove' her -- and the status of the houses depends on HOW FAR in arrears they are and whether it is for taxes or mortgages or both.
Seek local legal help YESTERDAY to insure you move properly and promptly!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
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