The executor of a will is the person responsible for distributing your assets to your heirs after you die. However, there are situations that sometimes arise that might force the heir of an estate to contest the appointment of the executor if they believe they won’t be able to perform their duties or because the naming might be invalid.
If you want to remove an executor from a will, you are going to have to convince a judge that your reasons are valid. Building your case will require evidence which at times may require depositions, expert witnesses, and subpoenaed documents. You should consult with an experienced lawyer who can walk you through the legal process.
It is important to note that executors can use funds from the estate for their legal defense, which is why you need to speak to a seasoned lawyer to get advice about lowering costs and other pitfalls you might encounter when you attempt to remove an executor.
Common reasons for executor removal include:
- Breach of Fiduciary Duty
- Self-Dealing
- Abuse of Discretion
- Hostility Towards Heirs
- Neglecting or Mismanaging Estate Assets
- Failure to Comply with the Terms of the Will
- Disputes Between Co-Executors
- Conflict of Interest
- Executor Being Under Undue Influence
- The Executor has Become Incapacitated
- Excessive Executor Fees and Expenses
Has an executor’s wrongful act damaged your share of an estate or resulted in other heirs losing out on the assets they are entitled to? If so, you need to get in touch with our legal team at the Law Office of Mitchell A. Port to discuss all of your options under the law. We are prepared to use our skills and resources to fight for your interests.
Call us today at (310) 526-3433 for your free phone consultation with our legal professionals.