An executor is someone willing to carry out your wishes when you pass away. Most people choose the executor of their will carefully, naming a family member or close friend they inherently trust. However, there are times when your loved ones may have a valid basis to contest the executor of your will.
Removing an executor and appointing a new one can be a complicated procedure. It requires collecting evidence, submitting paperwork, presenting arguments in court, and following established procedural guidelines. Before any of that happens, however, you must have a good reason for challenging them.
Reasons to challenge the executor of a will
Challenging the executor of a will may be warranted in specific circumstances. These include instances where the designated executor has passed away, is unable to fulfill their responsibilities due to health issues or other commitments or if they fail to act in the best interests of the beneficiaries.
Misconduct is another reason an executor might be challenged. Some examples of misconduct include:
- Refusing to adhere to the stipulations of the will
- Embezzling funds from the estate
- Violating fiduciary duty standards
- Poor handling of estate assets
- Violating fiduciary duty standards
- Displaying animosity toward heirs
You can ask the court to order the executor to provide a formal accounting to assess the extent of the harm caused by their actions if your petition is based on misconduct. The court may impose liability on the executor if they find that the estate has suffered damages as a result of the executor’s actions.
Challenging an executor can be a complicated process. If you feel that the executor of a loved one’s estate is not up to completing the task for any of the above reasons, seek assistance to help you file your petition.