Is It Possible To Remove The Executor Of An Estate?
The executor of an estate has many responsibilities, including ensuring the beneficiaries receive their inheritances. Unfortunately, the executor does not always fulfill his or her responsibilities, which can lead to loose ends. If your family believes that the executor should be removed, here is what you need to know.
Why Is an Executor Removed?
Your family cannot take action to remove the executor of an estate just because he or she is not likable or not doing what you want. The executor has the responsibility of carrying out the deceased's will. Whether or not the family agrees with the will, there is very little that can be done.
However, if the executor has proven to be incompetent, action can be taken. There are several actions the executor can take that would lead to a finding of incompetence. For instance, if the executor is not following the will or mismanaging the assets, he or she could be considered incompetent.
In some states, the executor cannot have a felony on his or her criminal record. If he or she does, your family can argue that a new executor needs to be chosen.
An estate planning attorney like those found at Linn Schisel & DeMarco Attorneys At Law can help you and your family explore other reasons for removing an executor and determine if any fit the situation.
How Is the Executor Removed?
One of the first steps you and your family need to take is to determine who is going to challenge the executor's role. In some states, there are strict laws that dictate who can take action. Choose someone from your family to represent your interests in court.
Once you have chosen a family representative, your family needs to build a case against the executor. You need to collect evidence that shows why the executor should be replaced. For instance, you can provide the court with financial statements, if available.
After collecting evidence, your family needs to file an objection with the court. An estate planning attorney who is familiar with wills and trusts knows what to include in the objection. After the objection is filed, a hearing is scheduled to hear the charges against the executor. Your family, and any other witnesses you have, need to be prepared to testify regarding the executor's incompetence.
If the judge agrees that the executor should be removed, an alternate is named. Ideally, the will has an alternate listed. However, if it does not, the judge will defer to state law when choosing the new executor. In many cases, the alternate executor is the surviving spouse.