Can a Co-Executor Be Removed?

Grounds for Removing a Co-Executor

Breach of Fiduciary Duty

A co-executor can be removed if they have breached their fiduciary duty, which includes acting in the best interest of the estate and its beneficiaries. Examples of a breach may include mismanagement of assets, self-dealing, or failure to account for estate property.

Inability to Perform Duties

Another reason for removing a co-executor is their inability to perform their duties. This could be due to a lack of competence, incapacity, or refusal to fulfill their responsibilities.

Conflict of Interest

A conflict of interest may also be grounds for removal. If a co-executor’s personal interests are at odds with their duties to the estate, they may not be able to effectively administer the estate, resulting in potential harm to the beneficiaries.

Process for Removing a Co-Executor

Petitioning the Court

To remove a co-executor, a petition must be filed with the probate court. The petition should detail the reasons for removal and include any supporting evidence. The court will then schedule a hearing to review the case and make a decision.

Working with a Trust and Probate Litigation Attorney

If you are considering removing a co-executor, it is crucial to work with a trust and probate litigation attorney like Hess-Verdon & Associates. Our team has over three decades of experience in estate planning, business, and commercial litigation. We are committed to delivering comprehensive, results-oriented legal counsel to trustees, beneficiaries, business entities, and real estate partners. Our extensive background in trial preparation, strategy, and presentation will ensure you are well-represented in court. Contact us at 1-888-318-4430 for more information.

Conclusion

In conclusion, a co-executor can be removed under certain circumstances, such as breach of fiduciary duty, inability to perform their duties, or a conflict of interest. If you believe that removing a co-executor is necessary, consult with a trust and probate litigation attorney like Hess-Verdon & Associates to ensure that the process is handled professionally and efficiently.

FAQs

1. Can a co-executor remove another co-executor?
No, a co-executor does not have the authority to remove another co-executor. Only the probate court can make the decision to remove a co-executor.

2. What happens if co-executors cannot agree?
If co-executors cannot agree on a matter, they may need to seek court intervention to resolve the dispute. The court may issue an order to guide the co-executors or, in extreme cases, remove one or both co-executors.

3. Can a co-executor act independently?
In some instances, co-executors may have the authority to act independently, but this depends on the terms of the will and applicable state laws. Generally, it is advisable for co-executors to collaborate and make decisions jointly to avoid potential disputes and legal issues.

4. How are co-executors’ fees determined?
Co-executors’ fees are typically determined by state law or the terms of the will. In some cases, co-executors may agree on a fee arrangement or submit a proposed fee schedule to the court for approval. It is essential to consult with a trust and probate attorney to ensure that fees are fair and reasonable.

5. How can a trust and probate litigation attorney help with co-executor disputes?
A trust and probate litigation attorney, like those at Hess-Verdon & Associates, can help navigate co-executor disputes by providing legal advice, representing your interests in court, and working to resolve conflicts efficiently. With their unparalleled estate planning expertise, dependability, and sophistication in trust and probate litigation, Hess-Verdon & Associates can ensure a successful outcome in co-executor disputes.