Estate Litigation Lawyer for Removing an Executor or Trustee

Estate Litigation Lawyer for Removing an Executor or Trustee

Estate Litigation Lawyer for Removing an Executor or Trustee

The process of removing an executor, trustee, or agent, can be a very difficult and emotionally draining procedure for anyone involved in the process. Should the circumstances demand that this type of action is taken, it is recommended that you do so only with the assistance of an experienced estate litigation lawyer at your side.

In general, these types of situations will involve many different family members, or anyone who is named in the estate. The process may not only be rife with challenges, but also tends to involve heated emotions and feuds between members, As a trusted estate litigation lawyer, we will work hard to honor the wishes of the decedent as well as your own. We may be able to remove executors, trustees, or agents under a power of attorney.

 

How an Executor or Trustee Can Be Removed

When a person dies, and has planned their estate, they may have left a will or a trust. Both of these tools are different; however, they will have named an executor or a trustee to oversee or manage the estate.

These people will have a broad range of fiduciary duties and will be held to the highest standards of diligence and fair dealing. Sometimes, the executor or trustee does not adhere to their duty and engages in activities that damages the estate.

 

Examples of their duties may include, but are not limited to:

 

  • Finding, identifying, and gathering the assets of the estate;
  • Notifying creditors of the death;
  • Paying off any owed debts, including taxes;
  • Selling assets to pay for the debt owed;
  • Valuing assets
  • Distributing assets according to the will or trust
  • Managing the trust
  • Maintaining accounting records of a trust
  • + More

 

Just because an executor or trustee makes a bad judgement that resulted in financial loss, they cannot be removed. Nor can they be removed because an heir or beneficiary does not like them. Rather, as an estate planning lawyer in Melbourne, FL might explain to you, there must have been serious misconduct or negligence. Examples of this may include:

 

  • They are representing the estate under false pretenses
  • They have been admitted to a mental health facility
  • They have been diagnosed with a disability
  • They have been convicted of a felony
  • They are mismanagement the estate
  • They are conducting themselves in a way that they are endangering others
  • They are not giving sufficient bond as ordered by the court
  • They have failed to adhere to their basic duties as ordered by the court
  • Other good cause exists

 

The removal process is generally lengthy and must include valid reasons as to why he or she should not be removed. Evidence must be able to support this. The matter will be subjected to a court hearing and a judge’s’ decision.

If you believe an executor or a judge has been mishandling an estate and you would like to find out whether or not they can be removed, please call an estate litigation lawyer.


Thanks to The Law Offices of Arcadier, Biggie & Wood for their insight into estate planning

 

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.


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