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3 reasons you might be able to remove an executor

On Behalf of | Jun 16, 2024 | Probate Litigation

You might not be happy about a deceased’s choice of executor. Yet, in most cases, there is little you can do about it. You just need to accept it and keep an eye to make sure they do their job properly.

If it becomes apparent that your suspicions were correct you may be able to do something. Here are some circumstances when you might be able to seek the removal of an executor:

1. If they are stealing or self-dealing

If you believe an executor is taking money out of the estate, or altering things in their favor (or that of a friend) you may have grounds for a challenge. Executors are bound by a fiduciary duty to act in the best interests of the estate and the beneficiaries – not themselves.

2. If they are incapable

Maybe the deceased chose someone who would have done a great job at the time, yet now, due to failing mental health, cannot fulfill the role as needed. They might still think they can, so you may be justified in asking a court to remove them.

3. If they conflict with other executors

Sometimes a person names a team of people to execute their estate rather than a sole person. If they conflict so much that they cannot achieve the tasks they are meant to, it may be necessary to seek the removal of one of them so that the estate can be probated as required.

If you do have concerns about an executor consider learning more about your options.Starting with whether you have the legal standing to file a challenge.

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