What is the name of your state (only U.S. law)? Maryland My grandfather passed away in August of 2014 and left behind a considerable estate...but, unfortunately, named my uncle as executor of his will. Fast forward almost a year and a half and this uncle has not taken a single step towards settling the estate and has now cut off all contact with beneficiaries. My questions is, what can we do about this? What is the process to getting him removed as executor?
First of all in your state the title of the party administering or executing a will is not "executor", but that of "personal representative".
Secondly, there can be no removal of your uncle in that capacity until he has applied for the position and been formally appointed by the appropriate Maryland court. The will only serves to indicate the maker's preference, and is not binding upon the court.
Thirdly, there is nothing that "we", the heirs and beneficiaries of the estate, "can do about it" with any effective results short of engaging the services of Maryland lawyer experienced in practicing probate law.
Also, you need to be advised of the following statutory mandate regarding the prompt registration of a deceased person's last will and testament:
"After the death of a testator, a person having custody of his will shall deliver the instrument to the register for the county in which administration should be had pursuant to § 5-103 of this article. The custodian may inform an interested person of the contents of the will. A custodian who willfully fails or refuses to deliver a will to the register after being informed of the death of the testator is liable to a person aggrieved for the damages sustained by reason of the failure or refusal." (Maryland Code - Estates and Trusts - Title 4. Wills - Subtitle 2. Deposit of Wills - § 4-202. Duty of custodian of will upon death of testator)
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Most likely your attorney will inform you that by his conduct in harboring and refusing to file and register the instrument as required he has forfeited his rights to such an appointment. And that a substitute appointee should be selected and the application for his or her appointment promptly filed.
Also, these suspicious circumstances are highly suggestive of fraud, misappropriation, concealment and dissipation of assets. So don't let any grass grow or snow accumulate under your feet in making that appointment with a probate lawyer.
