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Can you have an executor removed from their position?

On Behalf of | Jan 7, 2020 | Probate Litigation |

When your loved one passed away, you felt it was important to carefully monitor the way that their chosen executor performed their job. They were a close relative, but you didn’t know them well. You weren’t sure why they were chosen, but you supported your loved one’s choice.

What you found unusual was that each time you returned to your loved one’s home, it seemed a little emptier. When questioned, the executor acted like they had no idea what happened to certain items. You noticed that they had a new car purchased recently and started putting two and two together. After a confrontation, you discovered that they had been selling assets and using them for their own personal gain.

Can you seek to have an executor removed?

Yes, you can. While beneficiaries can’t normally go to court to contest an executor without cause, if you know that they have been stealing, that’s a different issue. You can take them to court and ask for them to repay what has been taken and show that they’ve been engaged in misconduct.

The executor of a will or estate is supposed to make sure that a will is carried out correctly and that all of your loved one’s final wishes are handled. If they are not doing what they are supposed to do in this role, then it is within your rights to seek to have them removed from the position and to have someone else appointed to the role. Your attorney can help you make a case against any executor who fails in their duties.