Change is something that is inevitable when it comes to contending with an estate and probate. If you are dealing with the prospect of probate after a loved one has passed away, it is likely that you have come across outdated wishes and a set-up that is no longer appropriate to the situation.
It is also quite common for loved ones of a deceased person to have issues with the executor of the will. You may feel that he or she is acting in one’s own interests, being manipulative, or that he or she is not fulfilling duties as the person is required to do. While a living person can effortlessly remove an executor of one’s will, it becomes considerably more difficult for a loved one to do this after a will maker’s death. However, there are certain situations where it is possible.
What are the duties of an executor of an estate?
An executor of an estate has a large amount of responsibility to make sure that the person in question has last wishes fulfilled after death. The executor does not need to be a legal expert, but he or she must put in adequate effort to be diligent and competent, as well as act with honesty at all times.
After the death of the will maker, the executor of the estate should identify all assets and decide whether going through probate is necessary. The executor should then contact all beneficiaries of the will and make sure the will is appropriately filed in probate court.
On what grounds can I remove an executor of an estate?
If you can show that an executor is not carrying out his or her duties or that the individual is acting dishonestly, you may be able to have him or her removed. In order to do this, you must have a stake in the assets and file a court proceeding stating why the executor should be removed. You should also request an estate audit so that your case and evidence can be strengthened.
If you would like to remove the executor of a loved one’s estate in New York, it is important to establish good reasons for wanting to do so.