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How to relieve an Executor of his duties

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tazandg

Guest
I am in Alabama,My son was adopted by my father before he passed and the Ecexutor of the Estate was named Gurdian of the minor child,I have been given physical custody and stated in the will I am to live in the house and care for the minor child,who recieves the deceased grandfathers SSI,the Execuotr doesnt give us but $100 a week to live on and this isnt enough,Is there any way I can get another Execuotr appointed? And how would I do this?:confused:
 


ALawyer

Senior Member
The executor has a duty to act reasonably, and the courts can enforce it, and in some circumstances will remove an executor who repeatedly fails to act reasonably and abuses his or her discretion.

Presumably you were totally cut out of the estate and the money in the estate was intended by your father to support his adopted (and your natural) son.

Absent anything in the Will to the contrary, the executor would have NO obligation to give YOU money to support YOU.

My sense is the combination of SS plus $100 per week is likely to be deemed enough to support the kid, although not in the style you might like. If it is not, or the kid has special needs, that might persuade a judge to order an increase in the stipend.
 
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tazandg

Guest
I am not asking for money for myself, And the Executor was going to let the SSI check be cut off,I recieved a letter from SSI adressed to the family of my son looking for him so they could issue the money they had been holding,the Executoir is also supposed to be renting some of my sons properties to pay for our living expenses(power,phone,water,etc.)and these properties are sitting vacant.And he brought to the house a Ham Bone and told us to boil it down until it was soft and to eat the bone and drink the stock if we got hungry enough.And that my son was not to get another pair of new shoes or clothes he was to wear work boots and coveralls,that he was gonna make a man of him,these are not things my son is used too,his grandparents cared a great deal for him and took great precautions to provide for him in the event oif their deaths and I feel this Executor is trying to take these things from him.
 

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