The executor of an estate has an important role to play, but sometimes family members suspect that they are not doing their job correctly. If you think that the executor of your loved one’s estate is engaged in some kind of misconduct, you need to address it. A Rockland County estate litigation attorney from our firm can help you ensure that the estate is not squandered.

What is an Executor’s Job?

The job of an executor is to settle the estate’s affairs and make sure that the property left behind by the deceased gets to the proper heirs. They should handle tasks like:

  • Paying any taxes owed by the estate
  • Paying any remaining debts or bills
  • Transferring estate assets to heirs named in the will
  • Taking part in the probate process, preferably with the help of an attorney
  • Safeguarding any assets that have not yet been passed down

What Would Qualify as Misconduct?

An executor who ignores their duties or takes advantage of the estate is committing misconduct. Some common issues include:

  • The misapplication of funds
  • Damaging estate property
  • Removing estate property without approval
  • Not paying the bills of the estate
  • Making investments without authorization
  • Self-dealing with estate assets
  • Withholding inheritances
  • Delaying the administration of the estate for no real reason
  • Hiding or misrepresenting estate assets
  • Not complying with court orders
  • Taking excessive fees

The executor is supposed to care for the estate as it goes through the probate process, but someone who does not take this role seriously or uses the estate as their own slush fund need to be replaced.

How Do I Ask to Remove an Executor for Misconduct?

After a certain amount of time, you can ask the executor for an accounting of their actions. They should have records of the bills they paid, the property that was distributed, and any fees that they have taken. If they cannot produce records or if there is evidence of wrongdoing, that is when it may be time to talk about removal.

Are There Other Reasons to Remove an Executor?

Even if there is no evidence of misconduct, there may be another good reason to remove an executor. One of the most common reasons is incapacity. If you suspect that the executor is no longer able to do their job, this can be a valid reason to ask for someone else to be assigned to the role. This can happen sometimes with older couples who make each other their executor. By the time one passes, the surviving spouse is no longer up to taking on this important responsibility.

Contact Our Attorneys

If you have an issue relating to estate planning or litigation, contact the Lauterbach Law Firm. We can schedule a consultation and tell you more about how our attorneys can be of assistance.