A will is a legal document that outlines a deceased person’s wishes regarding their estate administration. They have made this document during their lifetime to plan for after their death. Probate proves the legality of the will and allows the court to distribute the assets as they are outlined in the document to beneficiaries of the estate. Before the deceased individual passes, they will have assigned someone as an executor to their estate to finish accomplishing tasks. This person has to make sure that the proper possessions are given to the people named in the document. In the will, it can include a list of beneficiaries and what assets they will be given. These assets may be a valued piece of the estate or a sentimental item. It can range in value and size from a house to a piece of jewelry. Wills are helpful in the estate process since they have the deceased’s wishes listed within them. By having a will in place, it allows loved ones to understand what the deceased would want done for their estate.
Can the executor be replaced by another person?
Executors have specific responsibilities to carry out when the individual of the estate they are representing dies. Upon death, they must file the will in the Surrogate Court to pass through the official probate process. They must also make sure to go over the individual’s finances to make sure they paid off any debts or remaining taxes. The executor must also collect and distribute assets that are to be given to beneficiaries of the estate. By failing to do their tasks, a beneficiary can file a motion to have the executor removed from their position. If someone believes that the executor is not acting in the best interests of estate, they can be removed for this. Signs of corruption by the executor can be seen as an abuse of power of their role. This can lead individuals to believe they should be removed from having power of the estate. A judge can oversee this case and make the decision if the executor should be removed or not. They may decide to remove the individual from their role as executor and then appoint a new executor to carry out the responsibilities needed the complete the process. Although the executor of the estate can be named in the deceased’s will, they can be removed from the role and replaced if deemed necessary.
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.