Updated estate plans are often the best defense against families who don’t have good relationships. Such a family is the focus of a recent article appearing in MarketWatch, “My grandmother disinherited my father, yet made him executor of her will. Now he refuses to file for probate.”

A grandmother passed away and left a messy situation for her grandchildren to deal with. Five brothers are named heirs, while their father was disinherited in the will, which was written in the 1990s. Their father was estranged from the grandmother when she died and is also estranged from the five sons.

The grandmother named the father the executor of the estate, and he’s refusing to probate the estate. The sons claim he has committed many wrongdoings, including hiding bank statements, jewelry and accounts belonging to the grandparents. The father thinks the sons don’t know they have an inheritance and has told them he “deserves” all of it.

What can the brothers do?

The situation is a sad example of why it’s so important to update wills. A grandmother who passed in 2024 with a will created in the 1990s has left an expensive, stressful legacy for the grandchildren she loved.

Executors have a lot to do. Once the court approves them, they oversee calculating and distributing the decedent’s assets according to the directions in the will. They are fiduciaries and must put the interests of the beneficiaries above their own. The father is not performing any tasks or fulfilling his legal duties.

The brothers will need to petition the court to have their father removed as executor due to conflict of interest, failure to perform duties, alleged theft or fraud and a failure to comply with the decedent’s wishes. The executor is also required to keep beneficiaries informed of the estate’s progress in a transparent manner.

The executor’s responsibilities also include obtaining death certificates, creating an inventory of assets, detailing cash flow, reporting on expenses and property sales, filing final personal income taxes and estate taxes. If this is not being done or handled correctly, the executor may be liable and could be sued.

Executors should be responsible and trustworthy individuals. They have access to financial documents and, in this case, may need to oversee renovations to the grandmother’s home before it can be sold. There’s a lot that goes into settling an estate, and it can be overwhelming even for a person who is acting in good faith.

Every state has laws regarding the time frames for filing probate. In California, the executor has nine months to a year and a half to file, whereas in New York, probate must be filed within two years. There are several factors to consider. However, delaying filing is just a small part of the problem these brothers are facing.

In this case, litigation may be the only solution to remove the father and settle the estate properly. It will take time—even without all the troubles, it takes an average of 16 months to settle an estate. However, the first step will be to remove the father, appoint an executor or co-executors and then address the issues of settling the estate.

Families with members who are disgruntled, litigious, or irresponsible should prioritize updating their wills to ensure that their wishes are accurately reflected. If there are no family members who are trusted enough to serve as executors, speak with an experienced estate planning attorney to learn what alternatives are available. The last thing anyone wants is to leave a legacy of family strife, theft, or fraud.

Reference: MarketWatch (July 18, 2025) “My grandmother disinherited my father, yet made him executor of her will. Now he refuses to file for probate”