Removing an Executor or Administrator
Courts are generally reluctant to approve the removal of an administrator or executor, especially if the decedent's will names this individual to the position. That said, certain issues can arise that make such a removal necessary. A College Station probate litigation attorney can assist in explaining this matter to the court.
The Court's Role in Carrying out the Wishes of a Will
When a College Station probate litigation attorney presents a request to the court that an executor be replaced, in essence the court is being asked to remove its own appointment. This is because the court is acting in lieu of the decedent. As such, its role is to make sure that the wishes of a legal will are carried out. Nonetheless, as will be seen, certain circumstances are considered justifiable for such a removal.
Acceptable Reasons for Removing an Executor
Generally speaking, in order for the court to accept the argument of a College Station probate litigation attorney that an executor should be removed, something needs to have changed since that individual was named in the will. Because the person filling this position is almost always someone the decedent trusted implicitly, this change must be substantial enough to warrant his being replaced.
A College Station probate litigation attorney will be more apt to convince the court should any of the following have occurred:
- The executor is no longer physically or mentally able to fulfill the duties of the position.
- The individual's performance in the position is either insufficient or not within the scope of the decedent's intent.
- A conflict of interest has arisen. For instance, the executor has developed a financial interest that may cause detriment to the estate.
- The executor/administrator is guilty of misconduct.
A College Station probate litigation attorney will be required to show evidence that supports the removal of an executor. It may be necessary also to prove to the court that the removal is not being pursued for ulterior reasons.
Call a College Station probate litigation attorney for Assistance
If you need help with removing an executor or administrator, or have another probate issue, call a College Station probate litigation attorney at Peterson Law Group to arrange a consultation: 979-703-7014.