The simple answer is yes. The executor of someone’s estate can be removed for a variety of reasons and misconduct is one of them. However, it’s not easy to get someone removed from this position once the deceased person has given them the role. You should talk to a Bergen County estate planning lawyer about your options and the best plan of action.
What Would Qualify as Misconduct?
An executor has an important job. They have to settle the affairs of the deceased and safeguard their estate so that assets can be passed on to the next generation. If there are bills to pay, they make sure that they are paid. If taxes need to be filed, they get filed and any outstanding balance gets paid. An executor also addresses any debts left behind by the deceased.
Unfortunately, some executors get control over an estate and do not act in an honest way or in accordance with the wishes of the deceased. Some common issues include:
- Taking inflated fees
- Self-dealing from the estate
- Damaging estate properly
- Making investments without authorization
- Mismanaging assets
- Trying to hide or misrepresent assets
- Ignoring court orders
- Delaying the administration of the estate
- Withholding inheritances for no valid reason
These are all good reasons to try and have them removed.
How Can I Address Potential Misconduct?
When you believe that the executor has engaged in some kind of misconduct or neglect, you should file a petition for removal with the court. You should consult a lawyer if you plan to go this route. They can tell you how the state handles this kind of matter and what kind of time limit you are under if you want to act.
It’s often difficult to get an executor removed. You are going to need plenty of evidence and you will have to build a convincing case in order to get the judge to act. A lawyer can help you gather the necessary evidence and make the most compelling arguments possible.
Is Disagreeing With an Executor Reason Enough to Remove Them?
An executor’s job is to fulfill the last wishes of the deceased and wrap up their affairs. Their job is not to listen to you specifically. If you disagree with how the executor is doing their job, that does not necessarily mean that they are engaged in misconduct. As long as the executor is fulfilling their obligations and following the instructions left by the deceased, they are doing what they are supposed to do.
Meet With Our Legal Team
If you have questions about estate planning and the role of an executor, contact the Law Offices of Colin M. Quinn. We can help you set up an estate plan, deal with the probate process, or handle any other issues that come up. Schedule your consultation today.
