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Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn about Probate, and what the duties of an Executor/Executrix. You can find out by going on www.Google.com and asking "What are the duties of an Executor regarding a Will?" Here is a quick scan over what their duties are (I've done it.) For instance, if there are 2 or more heirs in the Will, they can vote re ousting out the Executor/Executrix. **If the heirs are the children of the deceased they have the right to go onto the property and retrieve any personal effects of their parent(s). The Executor/Executrix cannot stop this! DUTIES OF EXECUTOR/EXECUTRIX Once the person is deceased the Executor/Executrix has the right to pay off things like funeral costs, etc., and small bills such as Hydro, electricity, phone, cable, outstanding charge card balances, etc. However, they MUST KEEP RECORDS! Then the Will goes to Probate. Probate makes sure that all house/personal taxes are paid as well as any other outstanding debts such as mortgages, back taxes on home/property, etc. If the Estate is small to average the Executor/Executrix has the right to either do this on their own (you can get the forms) and it's much cheaper and usually quicker than a lawyer doing it and not as hard as lawyers would have you believe. If the Executor/Executrix decides to this they have to account for everything in the said Will and ALL expenses they have had since that person's death. The Executor/Executrix can sell the home, but should give the heirs a chance to decide if one of them wants to buy that house or property outright. Once the house/property is sold that money goes back into the Estate and divided according to the wishes of the deceased. The Executor/Executrix can also sell a car, motorcycle, boat, etc., but, if one of the heirs would like to buy it they should have that option and proceeds go back into the Estate to be equally divided by the said heirs. THE EXECUTOR/EXECUTRIX CANNOT CHARGE GAS, USE ANY MONEY FROM ANY ACCOUNT OF THE DECEASED FOR THEIR OWN PERSONAL GAIN ... SUCH AS BUYING SOMETHING FOR THEMSELVES. In some Wills a person will leave anywhere from 2% - 5% or possibly more of the entire Estate to the Executor/Executrix for their time and effort. If it isn't stated in the Will, the heirs don't have to give them anything, but should if they feel a good job as it can be time consuming processing a Will. Usually 3% is fair, but depends if it's a small or large Estate. I would highly suggest you see your lawyer. Good luck Marcy * Probate laws differ in each state. Therefore not all such acts noted are legal in all US states. For example, in many states no property regardless of what the item may be can be taken, sold or distributed until permission is granted by the probate court. In other states any property that is exempted from probate can be distributed to family members or heirs as it is not subject to creditor action in case of outstanding debts. In most US states the only way an executor, executrix or personal representative can be removed is by a bringing suit in probate court charging said persons with misappropriation and mishandling of the estate. Removing a fiduciary is damaging to the estate and is rarely allowed by the court. And of course the accused party has the right to defend themselves and so on and so forth, in other words it is time consuming and usually very expensive. This is the reason it is not prudent to waive bonding of an executor or executrix even if the grantor prefers to do so.

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โˆ™ 2006-08-10 18:16:18
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Q: Is there any way to get a executrix executor removed from that position if causing trouble?
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Can an executrix of an estate legally not distribute stock due to beneficiaries?

The executor must follow the provisions in the will. If the stock is not mentioned in the will then it must be distributed to the heirs at law according to the laws of intestacy. An executor who is abusing her office should be reported to the court, removed and replaced.


What can happen to an executor uses money from the estate account for their personal use?

Since an Estate is already under the jurisdiction of a Court and a Judge, the Judge handles any malfeasance, e.g. wrongdoing. An executor (male) or executrix (female) has been empowered by the Court to take a narrowly defined set of actions on behalf of the Estate and the deceased. If the executor or executrix steps outside those boundaries, in particular the misuse of money belonging to the Estate, the Judge can strip the person of the executor or executrix title, appoint a non-family person (an independent person) to oversee the Estate, and can fine the executor or executrix or impose Contempt of Court against the person. Contempt of Court can result in serious, heft fines or jail until the fine is paid, or the Judge changes his/her mind. In other words, yes it is a crime. But because the executor or executrix is working on behalf of The Court and its Judge, the police do not need to do anything--the Judge has full legal right and duty to act. The executor or executrix will be ordered to return any monies to the Estate.It should be noted, the executor or executrix is "paid" a Court approved amount for the duties they perform. This can be removed from Estate monies, but must be accounted for in the Administration papers they file with the Court. This accounting must be accurate for every dollar and cent spent to pay creditors or to the executor or executrix. IF a family member believes or has evidence of wrongdoing, they can bring a motion in front of that Court / Judge to review the matter. Any family member can make a legal motion, preferably through an attorney, during the process.


If the executor of a will does drugs can she be removed from that position by the beneficiary?

The beneficiary doesn't have that power, but they can petition the court to have it done.


Your sister is the executor of your Uncles will in New Jersey and has been lying and causing trouble in the family from day one how should we handle this?

Your sister is the "Executrix" (female.) If you know the lawyer she is dealing with then you can call the lawyer. Also, she must give a copy of the Will to all heirs in that Will (by law!) This could be a confidential matter re the lawyer, but if one or all of you are heirs in this Estate the lawyer can tell you this and will give you a copy of the Will. Being an Executrix is a serious matter, and she will have to probate all properties, personal/property taxes, monies, retirement funds, stocks/bonds, etc. She has got to account for every penny! When one probates (the law) this makes sure all creditors are paid and what is left in the Estate goes to the heirs in the Will according to the decease's instructions. If you don't know who the lawyer is dealing with the Will, you have a right to form a complaint with a lawyer that you are not satisfied with the Executrix (your sister) and your lawyer will find out the information for you and if proven she is causing trouble and not giving the heirs the information they are entitled too, then she can be removed from duty. Either someone else in the family may be given the job of Executor (male) Executrix (female) or, the courts may issue a trustee in this matter. I suggest you see a lawyer and let your sister know you have seen the lawyer. This may scare her enough into cooperating with the rest of the family. Sometimes people who are given the position of Executor/Executrix feel they have all the power over everything, and the truth of the matter is, it's a big responsibility and they have little power. They are there to follow the request in the Will made by your uncle, and that's it! Good luck Marcy


How can an heir enforce an account from executrix that was appointed by the surrogate court of the state of New York Queens County?

You can hire an attorney and file a motion to have her removed. However, a court approved Executor has great power, and your case had better be strong.


Can an executor of an estate be removed as executor?

yes


What can you do when you are a beneficiary and your sister is the executrix and she is not willing to work with the beneficiaries in a friendly manner?

You should discuss your concerns with the attorney who is handling the estate. If that doesn't help then you can petition the court to have her removed as the executor and have a successor appointed. If she cannot fulfill her obligations in a friendly, helpful, efficient and professional manner then she should not have accepted the appointment and should be removed at once.


What can you do to have executor removed if she is not preforming the duties as the executor of your fathers will?

Petition the court to have them removed and replaced. In such cases the court is likely to appoint an attorney to serve as the executor.


What rights does a co executor have if the other co executor is delaying settling the estate?

The co-executor's rights are most likely limited to bringing an action to have the other co-executor removed for failing to fulfill the obligation to settle the estate expeditiously or to force the coexutor to perfom some ministerial act required to move the estate forward or be removed. The action may also request that the delaying co-executor pay damages, if any result from inexcusable delay, or interest or even forfeit some or all commissions due to him/her for acting as executrix. One co-executor usually cannot simply assume total control of the estate and move forward, because, in most states, when there are more than one executor, it takes a majority to act, and when there are only two executors, there is no majority.


Is there any way to get an executor removed?

Yes. If the executor isn't performing their duties with expediency and according to the law the heirs can file a motion to have the executor removed and a successor appointed.Yes. If the executor isn't performing their duties with expediency and according to the law the heirs can file a motion to have the executor removed and a successor appointed.Yes. If the executor isn't performing their duties with expediency and according to the law the heirs can file a motion to have the executor removed and a successor appointed.Yes. If the executor isn't performing their duties with expediency and according to the law the heirs can file a motion to have the executor removed and a successor appointed.


Can an uncle who is executor and trustee allow his wife to take personal belongings of the deceased prior to the beneficiaries?

No. Not unless his wife is a named beneficiary. If he is allowing estate or trust property to be converted he should be reported to the court and removed from his position as executor/trustee ASAP. If he has illegally removed property it should be replaced.


Does or can an executor get removed from a will if a will was written when a child was ten years old and her father passes when she is forty four years old and there is no longer a need for a trustee?

It would be very unusual for a minor child to be appointed an executor of any estate. Nevertheless, anyone who accepts the position and/or named in a Will to the position can request the court to be released from that obligation.


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.


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.


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.


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 the executor change locks on the property with out notifying the beneficiaries?

Yes. Once the executor has been appointed by the court they can secure the property so that no items will be removed. Once appointed the executor has full authority over and responsibility for settling the estate.


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.


What if an executor does not perform their duties?

Petition the court to have them removed.


Does the original executor have to be notified if a new executor has been named?

Yes. The court will notify the original executor they have been removed although they should already be aware there are problems with their fulfillment of their duties. If they didn't request to be removed as executor then the beneficiaries requested their removal. They are required to file an account detailing their activities regarding the estate assets. The original executor does not have to be notified if the situation is one where a person during his/her lifetime makes a new will in which a new executor is named.


What if the executor of a will was put in jail for a felony conviction does the secondary executor listed in the will automatically become the executor?

No one automatically becomes an executor. The executor must be appointed by the court. The first executor will need to be removed by the court and a successor must be appointed. However, the court will do nothing until a petition is filed requesting the changes.


If the executor of an estate is not doing a proper job of completing the probate process unnecessarily delaying completion of the probate process how can one have them removed as executor in NY State?

You can petition the court to have them removed. They are likely to appoint a neutral party to be the executor. It might be the right time to consult a probate attorney.


If the executor of the will who is the deceased daughter disowns one of her sisters an heir to the estate can that executor be removed because of a conflict of interest?

Yes, you can go to a lawyer and have him "contest the Will" for you. The reason for this is, if you don't trust your relative who is Executrix (women) Executor (man), just this action alone will make that relative "stand up and fly right" because they could get into trouble. What is due you, you should get! Also if their are other Heirs besides yourself you can contact them and if you out number the Executrix they have to go! An Executrix or Executor can actually refuse to take on this responsibility.An Heir in any Will has a right to a copy of the Will (which may cost a few dollars to get) if the relative refuses to provide it. An Heir has every right to get a copy of the Will and I suggest you do that. An Executrix is not an easy job and are legally bound to provide an account of all monies in bank accounts, properties, contents, etc., to Probate (and it had better be right.) Probate is when all out-standing taxes and debts have been paid off. If there is a business they it's more complicated because if that business is making a profit it could well be that all profits are divided equally between all Heirs of the Estate. When all accounts have been checked into and that any properties, mortages have been paid off in full. If not, then it will come out of any monies left by the deceased. An Executrix has to account for every cent.I Probated a Will for my mother-in-law and it wasn't that hard and I hired a CGA to help me. I provided tax receipts, etc., and kept books.Another PerspectiveOnce an executor has been appointed it is too late to contest the Will. The question does not hint at any material defect in the Will. Removal of an executor is up to the discretion of the court. Any person who has an interest in the estate can petition for the removal of the executor for a just cause. The court will consider the petition for removal under the provisions of state law and will review the particular facts of the case.Removal of the executor is not done lightly. There must be a reason serious enough to compel the court to act. The testator may have chosen the executor because of her special skills and integrity. The disowned sister may be the family troublemaker. That situation alone would not generate a conflict of interest.Generally there needs to be some misconduct, breach of duty or conflict of interest by the executor. In the case of family strife, the court may consider whether it is no longer possible for the executor to her duties in an impartial and objective manner. The court may find that mistrust and hostility has developed to such a degree that the beneficiary can no longer accept the executor's actions and decisions. Or, it may conclude that the executor is performing her duties as expected under the law and in the spirit of the will.In any case, the removal of the executor rests solely within the discretion of the court.


Does an heir have the right to have an executor removed?

They have the right to ask the court to do so. If they believe the current executor is not fulfilling their duties, they can request their removal. The court will evaluate the situation and may appoint a new executor.


Are you an executor to a will for ever?

Depends on the case. In the irrevocable trust or a trust after the person dies neither are revocable. If the executor doesnt act properly they can be removed by a judge. Once all of the funds are giving out of the will there is no longer a executor.