What is the name of your state? New York
I am going to file a petition in Surrogate's Court to revoke Letters Testamentary which will be issued to a brother, who is the named Executor of my late mother's Will.
I do not know what grounds or basis would be sufficient for the Court to remove a named Executor (I'm assuming it would be a high standard) but here are the grounds I'm going to use:
1. He is a hateful person who has caused, encouraged and facilitated schisms in the family based on petty reasons, personal biases and old history (he is homophobic and hates another sibling who is gay, holds childhood mistakes and behaviors against siblings who are all in their 40s - 60s, etc)
2. Prior to my mother's death, and without the knowledge of most of the siblings, he had the locks in my mother's home changed, removed her jewelry from the house (which she had asked another sibling to hold for safekeeping) and denied most siblings access to the house, including personal belongings of the siblings still in the house, and refused to disclose the whereabouts of the jewelry or the type, number, etc of the jewelry.
3. Prior to my mother's death, he began trying to sell her house (he had Power of Attorney for real estate matters but did not have my mother's permission to do so).
4. He prevented another sibling from making renovations to my mother's house, which my mother requested be done, to make it wheelchair assessable.
5. After one sibling arranged and paid for the obiturary and final services for my mother at the request of my mother, the sibling presented himself to the funeral home as the "Executor" and changed all of the arrangements that my Mother had wanted.
6. Under the pretense of protecting the jewelry from being stolen, he had the jewelry on my Mother's body removed, all on the basis of me touching my mother's hand when I said goodbye to her.
7. He denied the opportunity of other siblings to put things in my late Mother's coffin, including some things my late Mother wanted buried with her.
8. He threatened the life of another sibling by telling others that he would kill her if she showed up at the wake and issued threats against that sibling's daugher (his niece) if she showed up. In concert with another sibling, they issued a death threat against another sibling, if she showed up at the wake. The first sibling and her daughters came. The second sibling didn't come.
9. He started a fist fight at the wake, assualting another sibling who defended the right of the threatened siblings to attend. The police were called but no arrests were made.
10. Without the knowledge or consent of most of the siblings, he instructed the funeral home staff to seal the coffin the night before the funeral, instead of the next morning, denying the other siblings the customary final farewell.
11. He is attempting fraud by claiming that my mother "made" his step-daughter "a grand-daughter" thus enabling the stepchild to inherit. The stepchild is not a blood relative, is not adopted, and as far as we know, is not named in the Will but he is claiming my Mother named her a granddaughter. Other siblings say my Mother thought she was a spoiled unruly child.
I believe these are legitimate reasons for the Surrogate's Court to consider my brother unfit to carry out the wishes of my late Mother, in as all of these actions are either against my Mother's wishes or meant to disrupt the family.
Does any attorney believe these are legitmate grounds to remove an executor of a will?
Thank you.
I am going to file a petition in Surrogate's Court to revoke Letters Testamentary which will be issued to a brother, who is the named Executor of my late mother's Will.
I do not know what grounds or basis would be sufficient for the Court to remove a named Executor (I'm assuming it would be a high standard) but here are the grounds I'm going to use:
1. He is a hateful person who has caused, encouraged and facilitated schisms in the family based on petty reasons, personal biases and old history (he is homophobic and hates another sibling who is gay, holds childhood mistakes and behaviors against siblings who are all in their 40s - 60s, etc)
2. Prior to my mother's death, and without the knowledge of most of the siblings, he had the locks in my mother's home changed, removed her jewelry from the house (which she had asked another sibling to hold for safekeeping) and denied most siblings access to the house, including personal belongings of the siblings still in the house, and refused to disclose the whereabouts of the jewelry or the type, number, etc of the jewelry.
3. Prior to my mother's death, he began trying to sell her house (he had Power of Attorney for real estate matters but did not have my mother's permission to do so).
4. He prevented another sibling from making renovations to my mother's house, which my mother requested be done, to make it wheelchair assessable.
5. After one sibling arranged and paid for the obiturary and final services for my mother at the request of my mother, the sibling presented himself to the funeral home as the "Executor" and changed all of the arrangements that my Mother had wanted.
6. Under the pretense of protecting the jewelry from being stolen, he had the jewelry on my Mother's body removed, all on the basis of me touching my mother's hand when I said goodbye to her.
7. He denied the opportunity of other siblings to put things in my late Mother's coffin, including some things my late Mother wanted buried with her.
8. He threatened the life of another sibling by telling others that he would kill her if she showed up at the wake and issued threats against that sibling's daugher (his niece) if she showed up. In concert with another sibling, they issued a death threat against another sibling, if she showed up at the wake. The first sibling and her daughters came. The second sibling didn't come.
9. He started a fist fight at the wake, assualting another sibling who defended the right of the threatened siblings to attend. The police were called but no arrests were made.
10. Without the knowledge or consent of most of the siblings, he instructed the funeral home staff to seal the coffin the night before the funeral, instead of the next morning, denying the other siblings the customary final farewell.
11. He is attempting fraud by claiming that my mother "made" his step-daughter "a grand-daughter" thus enabling the stepchild to inherit. The stepchild is not a blood relative, is not adopted, and as far as we know, is not named in the Will but he is claiming my Mother named her a granddaughter. Other siblings say my Mother thought she was a spoiled unruly child.
I believe these are legitimate reasons for the Surrogate's Court to consider my brother unfit to carry out the wishes of my late Mother, in as all of these actions are either against my Mother's wishes or meant to disrupt the family.
Does any attorney believe these are legitmate grounds to remove an executor of a will?
Thank you.
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