Losing a loved one can be very hard, but the situation can be made even worse if their estate doesn’t pass through probate quickly and easily. Many people find that they can’t really get a sense of closure until probate is over. However, if the estate’s executor doesn’t seem to be doing their job, probate can drag on for quite some time. What can you do if you believe that the estate’s executor isn’t carrying out their duties?
Understand the Process Before Doing Anything
The first step is to make certain that the executor is truly the problem. Probate can take six months or more, especially if there was no will and the court appointed the executor. Make certain that the issue is truly the executor’s fault before you act.
You Must Have Cause and Proof
If you’re going to approach the court and ask that the executor be removed, you will have to have cause and proof. For example, you will need to show that they have a conflict of interest or that they have failed to follow the instructions laid out in the will. Typically, the court won’t remove an executor simply due to how long the process is taking. You will need to show that they have actively acted against the best interests of the estate and the heirs.
There Are Two Options
If you do have proof that the executor is failing in their duties, you have two choices. First, you can petition the court to have the executor removed and a new executor appointed. Second, you can sue the executor. This option come into play if you can show that you or other heirs were financially harmed by the executor’s actions or lack of actions. In many cases, you will want to do both of these so the executor can no longer cause damage to the estate while you pursue compensation.
If you do believe the executor has failed in their duty to the estate, you will need a trusted law firm to assist you in the removal process. The team of Michael F. Kanzer & Associates is here to help you every step of the way. Contact us today to request a free consultation.