
When your loved one was still alive, and when they created their Last Will and Testament document, they may have chosen a particular individual to assume the role of executor. With this, they may have trusted this individual to carry out their wishes and manage their estate appropriately upon their unfortunate passing. And though your loved one may have thought they were making the best decision for you and your fellow beneficiaries, their appointed executor may turn out to be a major disappointment. With this, and for completely unselfish reasons, you may think someone else should take over. If this is relevant to you, then please read on to discover the potential of an executor being removed from their position due to misconduct and how one of the seasoned Butler County estate & trust administration attorneys at Heritage Elder Law & Estate Planning, LLC can help you initiate this procedure if need be.
Is it possible for an executor to be removed for misconduct?
Above all else, you must understand that an appointed executor of a Last Will and Testament automatically holds a fiduciary duty to act in the best interest of the estate and its beneficiaries. Therefore, a breach of this fiduciary duty may constitute misconduct. Ultimately, an instance of misconduct may serve as grounds for removal from this important role and responsibility.
Usually, this breach is brought to the Pennsylvania probate court’s attention by an action filed by one or more beneficiaries of the estate. With this motion, the beneficiaries must provide sufficient evidence that such a breach has taken place. In other words, they must clear up any suspicions that their action is emotionally charged or based on biases. If the court concludes that this proof is adequate and grounded, they may order the removal of the existing executor and appoint a new executor to resume the estate’s administration.
What are common examples of executor misconduct?
Overall, every estate administration case handled by the Pennsylvania probate courts is different, with possibly a unique set of complications associated with each. Nonetheless, though, below are the most common instances of executor misconduct that typically result in removal proceedings:
- An executor fails to closely comply with the terms and conditions set out by the grantor of a Last Will and Testament.
- An executor mismanages or neglects estate assets, which causes a designated beneficiary to miss out on them.
- An executor misappropriates funds for personal use rather than distributing them to their rightful beneficiaries.
- An executor shows hostility toward a designated beneficiary and withholds their assigned estate assets as punishment.
- An executor becomes mentally incapacitated at the time they are expected to assume this critical role and responsibility.
In conclusion, at this time, what matters most is that you retain strong legal representation to get you through this critical case. Please contact one of the competent Butler County estate planning & probate attorneys from Heritage Elder Law & Estate Planning, LLC today.