remove executor

[kareniam]

What is the name of your state (only U.S. law)? ca.
sister is trying to have me removed as executor and have herself appointed as the new executor
can she do this

 

[tranquility]

Maybe. What has she alleged you have done or not done?

 

[kareniam]

Maybe. What has she alleged you have done or not done?

sister's attorney says I have not fulfilled my duties. I believe his main issue is the length of time it has been. my mother passed in march of 2011. he is requesting that I volunteer to be removed or he will start law suit

 

[Zigner]

Why has it taken so long?

 

[kareniam]

Why has it taken so long?

grieving (I was sole caregiver for my mother from 2005 till her death) and I have been trying to get financial assistance to purchase the home to keep it in the family. My sis was aware of this and also agreed and then all of a sudden I received a letter from her attorney requesting to remove myself.

 

[tranquility]

sister's attorney says I have not fulfilled my duties. I believe his main issue is the length of time it has been. my mother passed in march of 2011. he is requesting that I volunteer to be removed or he will start law suit

Grieving is not a defense to failing to fulfill your fiduciary duties. I'd see your estate attorney for advice, but this does seem long unless there are special issues within the estate. Without knowing the facts in detail, it does seem like you are at risk.

Info edit:
With the additional fact about trying to get financial assistance to purchase the home, I still think there is a good possibility to being in breach. Distribute the home to the beneficiaries and let them decide how to handle it.

 

[OHRoadwarrior]

It appears you have confused your duties as executor with your personal desires. I suggest you work out a solution you and sis are agreeable to, otherwise you may find the estate eaten up by legal fees.

 

[latigo]

grieving (I was sole caregiver for my mother from 2005 till her death) and I have been trying to get financial assistance to purchase the home to keep it in the family. My sis was aware of this and also agreed and then all of a sudden I received a letter from her attorney requesting to remove myself.

A fiduciary, a position that you presently bear, is NOT permitted to purchase property so entrusted to him or her or it. And you are admittedly guilty of attempting to do so.

That, plus protracting the probate process for purposes of you own personal gain (or wishes, self-serving/family-serving or not) are adequate legal grounds to have you removed from the office.

I suggest that you immediately release your letters of appointment - save the embarrassment of the judge telling you in a courtroom full of people that you have breached your responsibilities and are unfit to continue in your office - and not put the estate to unnecessary further delay and expense.

Also the fact that you attended to your aged mother, though certainly admirable, is of no consequences here whatsoever.

 

[tranquility]

A fiduciary, a position that you presently bear, is NOT permitted to purchase property so entrusted to him or her or it. And you are admittedly guilty of attempting to do so.

That, plus protracting the probate process for purposes of you own personal gain (or wishes, self-serving/family-serving or not) are adequate legal grounds to have you removed from the office.

I suggest that you immediately release your letters of appointment - save the embarrassment of the judge telling you in a courtroom full of people that you have breached your responsibilities and are unfit to continue in your office - and not put the estate to unnecessary further delay and expense.

Also the fact that you attended to your aged mother, though certainly admirable, is of no consequences here whatsoever.

While the personal representative is prohibited from purchasing property of the estate per 9880 of the probate code, they are allowed if they have written consent from all the heirs or devisees (whose interests would be affected by the purchase), the consents are filed with the court and the purchase is shown to be to the advantage of the estate per 9881. (The method of making the motion is at 9883.) It is not inherently a breach to try to bring this about and I've seen many in the OPs situation purchase estate property. The problem is the time involved here and I agree it would probably be better to do as latigo suggests.