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Is there any way to get a executrix executor removed from that position if causing trouble?

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2006-08-10 18:16:18
2006-08-10 18:16:18

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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They are committing fraud. They can be prosecuted for a crime.


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.


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


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.


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.


Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.


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.


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.


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


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.


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.


Petition the court to have them removed.


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.


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.


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.


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.


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.


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.


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.


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.


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.


They should be reported to the court that made the appointment and they should be prosecuted criminally.What should happen:If it is determined that an executor has been hiding assets the probate court should enter a judgment toRemove the executor from office;Appoint another fiduciary (usually the alternate executor named in the will) to take his/her place;Order the removed executor to turn over all assets, records and other information of the estate to the newly appointed fiduciary within a stated period of time;Order the removed executor to file with the court an accounting of all transactions that the removed executor has made to date;Order that the removed executor forfeit all or some of the commissions due to him for handling the estate.Order any other type of relief that may be just or equitable under the circumstances.


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.


Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.


They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.



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