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Avoiding Removal as an Executor on Delaware County, PA

Posted on Wed Mar 25, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Avoiding Removal as an Executor on Delaware County

Most Recently Updated July 14, 2018.

“I am the Executor of a Delaware County, Pennsylvania Estate. The beneficiaries are making unreasonable demands and have hinted at attempting to have me replaced as Executor. Should I be worried about removal?”

Avoiding Removal as an Executor on Delaware County, PA

Avoiding Removal as an Executor on Delaware County, PA

In Delaware County, removing an Executor or Personal Representative is not typically an easy task especially in a plain vanilla estate administration situation. Petitioning for removal of an Executor requires an in-depth knowledge of Pennsylvania law. Also, it must be shown by clear and convincing evidence that the interests of the Estate are likely to be jeopardized by the Executor’s continuation in office.

What Should You Do?

Always keep estate and personal assets separate. Consider your fee and whether it’s reasonable and defensible. All decisions and transactions on behalf of the Estate need to be well documented. Put decisions in writing. 

Instances of Removal by the Court

Instances where the court has removed executors include direct conflict of interests, breach of fiduciary duty, embezzlement, and waste of assets. If you are concerned a beneficiary will bring a removal action, it is best to discuss the facts of your situation with an experienced Delaware County Probate Attorney.

More Probate Questions?

Avoiding removal as an Executor on Delaware County is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Avoiding Removal as an Executor on Delaware County

I hope that this article was helpful in explaining how to avoid removal as an executor. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

 

Tags:

Delaware County, Executor, Fiduciary Duty, Pennsylvania, Probate, Probate Attorney, Probate Lawyer, Standard of Care for Fiduciaries

Peter KlenkPeter Klenk

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Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!

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