Can You Remove an Executor from an Estate?
After a loved one’s death, it is difficult — although not impossible — to remove the executor the deceased individual has chosen to administer the estate. In most cases, a court will only allow an executor to be removed if it can be proven that he or she is incapable of performing all of the duties required of the position, is clearly unsuitable for the position or has become somehow disqualified since the deceased person initially appointed the individual.
The executor is responsible for carrying out the contents and intent of the will, and acting in the best interests of all of the beneficiaries. If the executor is careless with administering the estate, it could be grounds for removal.
Various factors involved
Of course, what qualifies as the “best interests” of the beneficiaries is completely up to the probate court. Just because beneficiaries feel they got a raw deal in an estate plan does not mean the executor was irresponsible and should be removed. However, if an executor is clearly wasting the assets of the estate, a court will be more likely to side with the beneficiaries.
Executors may also be considered unsuitable if they are in poor mental or physical health, or if there is some sort of conflict of interest involved with taking the position. They could also be ruled ineligible if they have committed felonies, are involved in other litigation or have stolen from the estate.
To learn more about removing an executor from an estate, meet with an experienced Florida attorney at the Charles Law Offices.