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Can you file a motion to get a executor of the estate removed if they are abusing there power?
Wiki User
∙ 14y ago
Yes. Be prepared to show proof or evidence of the abuse and have reliable witnesses. State your complaints to the court clearly and in a business like manner.
Wiki User
∙ 14y ago
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How do you change the executor of an estate if the designated executor is not fulfilling his duties?
You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.You must file a motion with the court to have the executor removed and replaced. You should be prepared to provide evidence of their failure to act properly.
Can an executor be legally charged for not following the wishes as laid down in the will?
If the executor is not performing his/her duty according to the will then you should immediately file a motion with the court to have him/her removed. State in your motion the damages that have occurred due to the misbehavior of the executor. You should contact the attorney who is representing the estate for assistance.
How do you remove appointed executor?
You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.
What court do you file a motion to replace an Estate Executor?
You file a motion at the court where the estate was filed.You file a motion at the court where the estate was filed.You file a motion at the court where the estate was filed.You file a motion at the court where the estate was filed.
How do you remove an executor of an estate in Michigan?
File a motion with the court. They will examine the motion and make a ruling.
What can you do if you think that the probate of an estate has taken to long to settle?
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
One executor won't sign the estate accounts?
You need to file a motion with the court asking it to compel the co-executor to sign.
What if an executor of an estate does not meet their deadline to perform an evaluation of the estate?
Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.
Dealing with a hostile co-executor what are my options before seeking legal counsel?
You should report the situation to the court that made the appointment and file a motion asking that the hostile co-executor be removed. Be prepared to provide the court with several examples of how the co-executor is delaying the settling of the estate. Stick to the facts in your complaint.
Can the executor of an estate over ride the wishes of one of the beneficiaries?
Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.
How do you remove an executor of an estate in South Dakota?
Although it is not an easy process if you have serious complaints regarding the executor of an estate you should state your reasons clearly in a motion to the court and ask to have the executor removed. If you're successful the court will appoint a new executor. Remember that there must exist a serious reason for the removal, family disagreement will not rise to the level required for removal. You may need to retain an attorney to represent you. You can read more about it at the link provided below.
Can the recognized sole owner refuse to file for judgment of possession just to continue as the executor to the deceased?
No. The executor is required to settle the estate with expediency. Any interested party can file a motion with the court asking it to compel the executor to file the necessary documents to close the estate.
