An executor has an important job to do and you can remove them if they do not take their role seriously. One common issue is executor misconduct. If the person in charge of your loved one’s estate seems like they’re doing something illegal or immoral, then it may be time to have them removed. A Washtenaw County estate administration attorney from our firm can assist you.
What Is an Executor Supposed to Do?
There are a few things that an executor should do to wrap up the affairs of the deceased. This includes:
- Filing taxes and paying any remaining tax due
- Taking care of the estate’s assets
- Paying any bills or debts remaining
- Transferring assets to the proper heirs as outlined in the will
If the estate owner passes away without a will, then the assets are passed down in accordance with the state intestacy law. Either way, the executor doesn’t get to decide who gets what.
What Are Good Reasons to Remove an Executor?
When you decide to remove an executor, you need to have a good reason for it. It can help to have evidence that they:
- Are self-dealing from the estate
- Have taken exorbitant fees for fulfilling their duties
- Damaged estate property
- Are making investments without approval
- Have removed estate property without approval
- Delayed the administration of the estate for no good reason
- Disobeyed court orders regarding the estate
- Hid or misrepresented estate assets
- Failed to pay estate expenses
You can remove an executor for these reasons because they are blatantly failing at their job, which is safeguarding the estate and ensuring that the last wishes of the deceased are honored. They are either not taking their job seriously or taking advantage of their position. In any case, they should be removed.
Can I Remove an Executor Because I Don’t Agree With Them?
The job of the executor is to take care of the estate and the last wishes of the deceased. If they are actually doing that, you cannot decide that you want to remove them just because you disagree with their actions. As long as they follow the instructions left for them, they are doing their job properly.
Should I Hire a Lawyer?
A lawyer can help you file a complaint about the executor in probate court. They can help you build a case and gather evidence of misconduct. There is no guarantee that a new person will be assigned to the role, but a lawyer can help you make the best possible argument for removal.
Contact Our Law Firm
If you have questions about estate law or how to handle an executor that does not seem to be doing their job, we want to hear from you. Contact Collis, Griffor & Hendra to schedule a consultation and learn more about what our legal team can do for you.
