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How can you get the forms to petition the New Jersey Superior Court to remove an executor of a Will?
Wiki User
∙ 10y ago
Call or visit the court where the Will was filed. You can obtain the proper form for filing, fill it out and sign it, and then file it with the court for a hearing.
Wiki User
∙ 10y ago
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Can all inheritors of a will remove an executor they all testify is mentally unstable?
Any or all of them can petition the court to remove the executor.
What is the name of the court petition to remove an executor of a will?
To remove an executor from an estate a petition must be filed. Then there has to be reasoning provided either ineligibility or misconduct. All this must be provided to file in order for a representative of court to review and make a decision.
Can you being the second executor fired the first executor for not doing what he supposed to?
Only the court can remove them. You can petition the court to have it resolved. They may appoint a third party.
What if executor refuses to file an accounting in 9 years?
This could be ground for an action for removal of the executor. A personal representative, whether an executor of a will or a trustee of an estate, may be removed for failing to meet the responsibilities of the position. Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative.
How do you request to replace an executor of a will in Texas?
Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative. The objecting party must present all facts showing "cause" for the executor's removal. If the court determines that there are sufficient grounds then the executor must show why they should not be removed from the position. If the executor fails to attend or answer the court's request, they will automatically be removed as the representative.
Aunt is executor of will and stole all the family money. What can be done?
Take her to court. You can petition the court to remove her as executor. She has to provide a complete accounting of the money to the probate court. You could press charges on her and get all the money back and even more.
Removing a co-executor from a trust after the trustees death?
Look to the instrument that created the trust for instructions for appointment of the successor trustee. Co-executors are not appointed for a trust, they are appointed by a court. You would need to petition the court to remove a co-executor.
Can an executor remove an heir in Pennsylvania?
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
What if executor refuses to pay siblings on legal will drafted by an attorney very clear as to money being paid exactly as per will. Executor has history of abusing siblings Refuses to obey.?
If the executor is not fulfilling their duties as outlined in the will and is refusing to distribute the assets as specified, the siblings have the legal right to challenge the executor's actions in court. They can petition the court to compel the executor to follow the terms of the will and may also consider seeking legal advice to understand their options and rights in this situation.
If there are joint executors can one executor have the other removed?
Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
Do all the heirs of a trust have to sign to remove an executor of a trust?
Trusts are managed by TRUSTEES not executors. You need to look to the language of the trust to see how a trustee can be removed. If there is no provision in the trust you will need to petition the court to remove the trustee and appoint a replacement.
