If you have an interest in a deceased family member’s estate and you are finding issues with the executor of the estate, you have the right to challenge the executor of the will. This must be done by initiating a court proceeding. Here, our attorneys experienced in estate litigation explain some of the circumstances to warrant such a challenge.
In order to be successful in removing the executor from the estate, you must prove unsuitability. You need to prove that a conflict of interest exists, or that the named executor is somehow legally ineligible to serve as the executor of the estate.
In order to be legally ineligible, the executor must be involved in another complex litigation or be mentally incompetent for the role of executor. Other reasons for removal include the executor stealing from the estate, wasting way the assets or refusing to follow the estate accounting rules.
The Court Proceeding
During the court hearing that will determine if the removal is warranted, your attorney and the executor’s attorney present their case as to why the removal should or should not happen. An estate audit may be necessary to help establish the executor’s legal ineligibility.
The court won’t remove an executor for frivolous reasons. Even if the executor and the interested party don’t get along, if the executor is argumentative and rude, if he withholds certain information or takes a long time to settle the estate, those actions allow are not enough to warrant the executor’s removal.
If you’re looking to initiate an executor’s removal or have other estate litigation issues, contact us for a consultation.