Petition for removal of executor

What is the name of your state (only U.S. law)? New Jersey

Hello All. I need some advice/input on a situation. Five months ago, my mother-in-law was murdered in a domestic violence dispute. My father-in-law is now in jail awaiting trial. In my MIL's will, my FIL was named executor and my MIL's mother was named as the secondary executor (not sure if that's the correct term). Anyway, my FIL has been advised by his estate lawyer to refuse to sign renunciation paperwork that will remove him from executorship. My husband and I would like for my brother-in-law to be named executor instead (their grandmother, the secondary executor, agrees with this set up as well).

I researched online to see if we can petition the court to have my FIL removed as executor. I read that it is very difficult to get his to happen. I think in this case, we have just cause to remove him. Especially since he can't fulfill his duties from jail and that it is a conflict of interest.

If anyone has any experience or advice for this situation, please let me know!

Thanks!

Has the will been submitted for probate and the FIL already been appointed?

I researched online to see if we can petition the court to have my FIL removed as executor. I read that it is very difficult to get his to happen.

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Well, yeah, that is the case under normal circumstances. But were those websites considering situations where the nominated executor stands accused of murdering the decedent?

Forget the FIL and his attorney. Full speed ahead!

Hi, thanks for replying! Last month my husband and brother went to the probate court to tell them of the situation and to see what could be done. They were told that since my FIL has not been convicted of the crime yet, nothing could be done. Then I started doing research and found that you can petition to have him removed, yet they said nothing to my husband or BIL about this (not sure who they talked to, could have been a clerk who really didn't know).

Anyway, so based on the situation, you think we have a good chance then? I certainly think so. Right now, I am just waiting for a recommendation on a lawyer from someone we know. This is our first time ever having to deal with the legal system, so we want to make sure we get a really good lawyer.

Thanks!

Sorry, just realized my reply may not have been that clear in answering your first question. No, it has not probated and FIL has not been appointed.

Also, do you have any idea how much a lawyer would normally charge for something like this?

scarlett1033 said:

Sorry, just realized my reply may not have been that clear in answering your first question. No, it has not probated and FIL has not been appointed.

Also, do you have any idea how much a lawyer would normally charge for something like this?

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**A: start talking with probate attorneys. Something that should have been done 5 months ago.

scarlett1033 said:

Last month my husband and brother went to the probate court to tell them of the situation and to see what could be done.

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It doesn't work like this.

The court is structured, procedural and highly formal.

You need a lawyer, and good hearted trips to the court house could be disastrous if unintentionally so.

xylene said:

It doesn't work like this.

The court is structured, procedural and highly formal.

You need a lawyer, and good hearted trips to the court house could be disastrous if unintentionally so.

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**A: I hope the parking is free.

Thank you for your replies! I will be contacting a lawyer tomorrow.

Under normal circumstances, the court isn't going to ignore the will's provisions regarding an executor. But the court would also have an interest in getting the will admitted and the estate under administration. And, if the nominated executor is going to be tied up for at least a bit, so to speak...