Boca Raton, FL asked in Estate Planning for Maryland

Q: Aunt died Oct 2019. Will was not flied until 03/2020. Her condo still unsold with monthly condo fees + property tax etc.

is executor in any way responsible for all the fees being drained from estate assets during this period? PR was offered, but declined help in clearing out the condo + help w/accounting. 1st Account deadline came & went, 6 months later, the court issued a "reason PR should not be removed" hearing & PR submitted 1st account at the last minute deadline to avoid having to go to the hearing. 1st account was missing receipts for sold/donated items, yet PR now wants high fees for the work done so far. What recourse do beneficiaries have to recover at least some of the fees drained from the estate assets due to not selling the condo? Now that the PR is asking the court for compensation, suddenly PR is saying they r now "ready to sell" condo. Had previously said they would be listing condo this past Spring of 2021, but that did not happen. Lawyer claims PR had good reasons for not selling but does not say what the reasons are/were, which just seems like an attempt to stop any attempt to object.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Course of action: petition to remove PR and appoint someone else (yourself?) and to possibly sue the PR for waste and mismanagement to recover the money you claim was lost. Hiring a lawyer to file and pursue these things will cost you money, and although you might claim reimbursement from the estate for the expenses, that will of course drain the estate's value even further. You will need to weigh the pros and cons of proceeding to remove the PR or to ride it through.

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