• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Removing executor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Antonette31

Junior Member
What is the name of your state?NY

I am a beneficiary to an estate. There are 8 siblings, all beneficiaries and two executors, also equal beneficiaries. One executor, (sister #1) is considering the removal of the other executor, (sister #2). This executor has been extremely difficult to deal with throughout this very trying time, ie; misappropriations, not cooperating with or helping other executor, etc. Some of us would like executor #1 to proceed, but some of the beneficiaries don't want to be involved. They are on the fence and don't want to upset anyone. Is it necessary for executor #1 to have everyone’s support to remove executor #2? Or, does she still have a good chance at success without everyone's support? I would imagine there is a heavy burden of proof in these circumstances. Executor #1 believes she has that. Please advise.
 


Dandy Don

Senior Member
You would need to provide more clarification of what you mean by misappropriation before a determination could be made as to how strong your case is, but this will probably be enough to get her disqualified, but your attorney will have to bring this matter before the court. The judge decides if she is removed, no matter what the heirs think.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top