Do you know an executor that is not performing their duties? A failing executor can cost estate thousands of dollars in fines and late fees.
The role of executor is also legally binding. If they are mishandling money or are maliciously denying a benefactor their full inheritance, they could face serious legal penalties.
When should you petition to remove an executor?
An executor must settle a person’s estate in good faith. If they make a simple accounting mistake, that is not necessarily grounds for removal.
The following, however are some of the many relevant grounds for removal:
- Financial fraud, embezzlement, or other illegal financial activity
- Ignoring instructions in the will based on personal preference
- Failing to secure or protect assets, resulting in serious loss or harm
- Failing to meet important deadlines or notify creditors
- Gross misconduct or criminal activity
These, and a combination of other factors, can give you reasons for removal. Irresponsibility and illegal activity can destroy the value of an estate before it ever reaches the benefactors.
How do you remove them?
Courts recognize that sometimes, jealous siblings or children try to get an executor removed for personal gain. If you want to remove an executor, a court will want to know why and will want to see your evidence.
A struggling executor can always reach out for legal assistance. It could help if you find a way to respectfully suggest or offer this to the person. Keep in mind that the longer you wait, the longer the estate, and the benefactors, may suffer.