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Removing an Executor

Posted on Fri Nov 10, 2023, on Estate Litigation

From Our “Ask a Question” Mailbag: “The Executor of my father’s estate is not responding to my questions, and I am worried he is stealing. How do I go about removing an executor?”

Removing an Executor Attorney

Estate Litigation Attorney Tracey Connor

How do I Go About Removing an Executor?

Even if you have indisputable proof that an executor failed to administer an estate by Pennsylvania or New Jersey law, only a judge can remove the Executor. An interested Party may have their Estate Litigation Attorney submit the correct Petition requesting removal. The court will then have a hearing and hear evidence. This evidence must be presented in the appropriate form. If the judge finds the evidence supports the Petition, the judge removes the Executor.

Our Executor Removal Team:

Attorney Tracey Connor, pictured above, is part of our Estate Litigation team. This team regularly handles cases involving removing an executor. Sometimes, we represent the parties attempting to remove the Executor. At other times, we represent the Executor whom the Parties try to remove. This is our area of the law. We don’t dabble in other areas; we focus on estate litigation. Attorney Connor works with a team that includes Department Head Attorney Glen Ridenour and Attorney Brian Perez.

If you have an Executor removal matter, don’t go to someone who dabbles in the area. In Pennsylvania, our team focuses on one court: the Oprhan’s Court. This is the court that oversees Executor removal matters. 

Grounds to Remove an Executor.

You cannot successfully ask a judge to remove an Executor simply because you don’t like them. Personality conflicts are not grounds for removal. Furthermore, the ups and downs of a typical investment account are expected. If the stock market goes up or down, it is not grounds for removal. But there are grounds for removal, and these include:

  • The Executor is mentally ill and unable to administer the estate.
  • A conviction of a felony crime, primarily if related to fraud.
  • Proof that the Executor wasted assets or failed to secure them, allowing them to be stolen.
  • An Executor fails to take necessary action after a reasonable time.
  • Use of false documents or information to obtain the Executor position.
  • Documented threats to not follow the Will’s terms. 

Remember, even after failing or refusing to administer the estate, only a judge can remove an executor. The attorney files the correct Petition and provides the judge proof at a hearing.  

This Blog is just a quick introduction to Removing and Executor. To learn more, follow this link to my website’s pages entitled Removal of Executors: Everything You Need To Know.

In Conclusion, Do you need an Executor Removal Attorney?

I hope you found this short article, Removing an Executor, useful. I have also included some links for more detailed information.

Contact us if you want to know more or have an estate needing our help. Let our Pennsylvania Executor Removal Lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. 

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