Klenk Law

Avoiding Removal as an Executor on Delaware County, PA

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

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?

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. In its simplest form, in order to remove an Executor, it must be show by clear and convincing evidence that the interests of the Estate are likely to be jeopardized by the Executor’s continuation in office.

Courts are reluctant to replace an executor. It is a drastic action only taken when the estate is endangered and immediate intervention is necessary to protect the property of the estate.

As a best practice, you should ensure Estate and personal assets are always kept separate. Consider your fee and whether it’s reasonable and defensible. Finally, make sure all decisions and transactions on behalf of the Estate are well documented in writing and would pass muster if those decisions were questioned.

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.

If you need assistance with probate in Delaware County, please call one of our Probate Lawyers or Estate Planning Attorneys for a free consultation.

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