Losing a close loved one is painful. You feel a lump in your throat when you reflect on the memories you shared.
And amid your grief, you believe that the estate’s executor isn’t working according to the deceased’s final wishes. Do you have any recourse? How do you fire the person the deceased appointed as executor in their will?
Grounds for removal
The estate executor (or administrator, if appointed by the court) has a fiduciary duty to the estate and its beneficiaries. They are required to deal fairly, honestly and competently in all estate matters. Their key responsibilities include:
- Gathering and inventorying assets
- Paying outstanding debts and final taxes
- Distributing the remaining assets to the beneficiaries
- Filing the required paperwork with the court
An executor can be removed from their role under specific circumstances, such as:
- Mismanagement of estate assets, which may include failing to keep accurate records, mishandling investments or using some of the estate funds for their personal use.
- A conflict of interest if the executor benefits at the expense of the other beneficiaries
- The executor failed to perform their duties, such as failing to notify creditors
- The executor committed acts of intentional deceit or criminal behavior
- The executor is mentally or physically unable to fulfill their duties
Document your concerns regarding any suspected misconduct or mismanagement. Discuss your concerns with the executor. It may only be a misunderstanding or a mistake that can be easily resolved. If the problem continues, you may want to consider filing a petition for removal. You will need your documentation to support your claim. Filing a petition can be complex, so you will want to speak with a legal representative. They can assess the evidence and determine if you have a case. They will review your options, and if you decide to move forward with removing the executor, they can represent your interests in court.