Klenk Law

Trust Litigation Lawyer Cherry Hill, NJCan You Remove an Executor from a Will?

When a testator creates a will, they will usually appoint someone to be an executor, as an estate planning lawyer Allentown, PA residents looks to can explain. The role of the executor is to ensure the will’s conditions and terms are carried out after the testator’s death.  A testator can remove and replace an executor at any time while living, but after a testator’s death removing an executor appointed in the final will is more challenging. At Klenk Law our professional estate planning lawyer Allentown, PA trusts team has over 25 years of experience in estate litigation. If you feel an executor should be removed for any reason, we can help.

There are many reasons that a court could decide to remove an executor from an estate. Courts will normally remove an executor if there is proof that the executor is unable to perform the necessary tasks, is not suited for the position, or if they have been disqualified since they were appointed to the role. The primary job of an executor is to act in the best interests of the beneficiaries in mind, as an estate planning lawyer Allentown, PA can explain. With that being said, if the executor does a careless job in managing the estate, they could be removed. However, the executor must do something reasonably severe or damaging to the estate to be removed from their role. It is also important to note that the standard to which the executor is held to is determined by the court. For instance, if an executor is spending money frivolously, they could be removed by the court. However, if the executor makes a reasonable investment to which the beneficiaries do not consent, the executor would most likely not be removed.

There are two main reasons that an executor could be removed from an estate:

  • Unsuitability

If a conflict of interest arises for the executor while managing the estate, unsuitability may be a reason for removal. It is the court’s discretion to determine inadequacy. Therefore, conflict of interest could be difficult to prove.

  • Legal Ineligibility

An executor could be found legally ineligible if they have previous felonies, are involved in other types of litigation, or are found mentally incompetent. The executor could be removed for wasting estate’s assets, stealing from the state, or refusing to follow court orders.

How to Remove an Executor from a Will

To start the process of trying to remove an executor, you should contact an estate planning lawyer Allentown; PA can rely on. Your estate lawyer will file for a court proceeding and will work on your behalf to try to show why the executor should be removed from their position. Removal procedures and laws vary between states, so it is important to have an experienced law firm on your side. An estate planning lawyer Allentown, PA residents can count on from our team will work on your behalf to help gather evidence to try to remove the executor. If you need help ensuring your loved one’s will is properly followed, call our team today at 484-224-3051.

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