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What type of court can beneficiaries remove an executor and appoint someone else as executor?
Estates are generally handled by a probate court but they have different names in different jurisdictions. To make changes to the executor of an estate you need to return to the court that appointed the executor and file your complaints in the form of a motion. The staff will help you with a form. The court will consider your motion and render a decision.
What else can I help you with?
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.
Can an executor be set aside in probate?
Yes. A court can decide not to appoint the named executor if any interested party provides a compelling objection to the appointment. Also, the court can remove an executor and appoint a successor if it finds the executor is mishandling the estate, submits a resignation or dies while in office.
Can you sue an executor of a will it as been a year since probate was granted still not heard ahything the estate was left to me and two charities my uncle passed away in may 2009?
First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.
How do you remove yourself as executor or power of attorney from a person will in California?
You do not have the power to do so. Only the testator can change the will. You can always decline the responsibility and the court will appoint someone else.
Can a majority of Beneficiaries remove an Executor who is not operating in the beneficiaries best interests like spending unnecessary funds?
No.It generally requires a court action of some kind to remove an executor. What a "majority" wants is irrelevant; the only thing that matters is whether the executor is acting in good faith in attempting to carry out the wishes of the deceased.Another PerspectiveThe beneficiaries can petition the court for the removal of the executor and the appointment of a successor. The complaints should be set forth in a clear and concise manner with examples of the misuse of funds. If the executor is indeed wasting estate assets the beneficiaries have a right to complain. The court will review the situation and render a decision.
What if you are named as executor and do not want the responsibility and the person whose will it is is still living and refuses to remove your name?
You can wait until they pass away. Then you can decline the responsibility and the court will appoint someone.
Does a executor have the right to remove someone from a will?
The executor does not get to choose to remove someone. The wishes of the testator, as evidenced by the will, have to be followed. The court could remove someone from the will if it had a compelling enough reason to do so.
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.
Can the beneficiaries remove an executor of an estate for refusing to supply accounting?
It is possible. You need to contact an attorney to file a motion with the court.
What happens if one of the heirs who is also an executor rents the house that is part of the estate and keeps all the money?
First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
You want to remove yourself as an executor?
You are not an executor until you have filed the will for probate and been appointed by the court. You may resign by filing a resignation with the court. The court will require that you file an account and will appoint a successor.
How can the beneficiaries remove the executor of an estate?
If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.
