When a person creates an estate plan, one of the tasks they must complete involves naming the executor of their estate. This is the person who will handle administration of the estate at issue after the creator dies.
Once the estate executor is taking care of the estate, they’re required to manage specific responsibilities in a way that upholds the wishes of the estate creator and the best interests of the beneficiaries. If an executor doesn’t perform their duties properly, the beneficiaries can try to have them removed. The following are some of the reasons this may occur.
Breach of fiduciary duty
One of the most common reasons an executor can be removed is for breaching their fiduciary duty. Executors are expected to act in the best interest of the estate and its beneficiaries. If they mismanage funds, fail to keep accurate records or engage in self-dealing, it could lead to their removal. Courts look for clear evidence that the executor’s actions have harmed the estate or its beneficiaries.
Conflict of interest
A conflict of interest can also be grounds for removal. If an executor has personal or financial interests that conflict with their duties, it may cloud their judgment. For example, if the executor is also a beneficiary and prioritizes their interests over others, the court might decide they’re not fit to continue in their role.
Incompetence or neglect
Sometimes, an executor might be removed for incompetence or neglect. This could be due to a lack of knowledge about their responsibilities, leading to mistakes in handling the estate. If an executor takes too long to administer the estate, fails to pay debts or doesn’t communicate with beneficiaries, the court may consider removing them to protect the estate’s integrity.
Any beneficiary who believes that the executor of a loved one’s isn’t upholding their responsibilities may opt to seek to have them removed. This can be a lengthy and involved process, so it may be beneficial for them to seek out a legal representative who can assist them with this matter.