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Comparison Between Charles Smith's Last Will And Testament

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FACTS Charles Smith executed a Last Will and Testament on January 01, 2000. The last Will and Testament was filed with the local probate court. Smith died on June 20, 2015. His Last Will and Testament appointed Ralph Jones as Personal Representative and appointed Henry Robinson as Successor Personal Representative. Robinson would like to have Jones removed from Personal Representative for the Estate of Charles Smith due to the lack of fulfilling his Personal Representative duties. Jones has failed to publish notice in the local newspaper that Smith died on June 20, 2015 and he is now the Personal Representative. Since Jones did not publish notice, creditors or possible creditors are unaware and were unable to make a claim against the Estate. Jones failed to post bond which is required by the court to serve as a Personal Representative of the Estate. In addition, Jones has not taken the necessary …show more content…

A person interested in the Estate may petition for removal of a Personal Representative at any time for cause. In, Julian I. Richards V. Elizabeth Ann Richards, 27 Md. App. 1; 338 A.2d 377; 1975 Md. App., the Personal Representative was removed from representing the Estate. The Personal Representative, Julian I. Richards failed to file Inventories, reports and accountings which caused many issues in the Estate. The Personal Representative was to file inventories within three months after his appointment. The court stated that Richards demonstrated a lack of concern for the interest of the Estate. The Court also stated that Richards mismanaged the property of the Estate by failing to take action to raise the cash to pay the federal Estate taxes. Since Richards failed to do his duties as Personal Representative, the court ruled to remove the Personal Representative and will appoint the Successor Personal Representative to fulfil the finishing duties of this

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