Q: What happens if executor of a will in RI refuses to initiate small estates probate or give it to the secondary executor?
Deceased brother's girlfriend is 1st executor & my mom is 2nd. Girlfriend refuses to give the will to the small estates probate court & refuses to give it to my mom who will file the petition. The estate only consists of a very small bank acct. Girlfriend made sure she got his major asset, a car & doesn't want any responsibility, especially if there is debt to be pd. My mom pd for his funeral svcs. b/c he had too many medical bills. I'd like my mom to get whatever is in the bank acct., but the probate clerk states they need original will, she can't file as voluntary executor w/o a will b/c they saw her photocopy of will so they know one exists. An estate atty said my mom could still file b/c the courts are too backed up to impose the sanctions for not turning in the will. What can I do?
A: Your mom would do well to hire the attorney who gave her the advise, or any attorney of her choosing.
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