How Do You Challange an Executor of a Will?


Quick Answer

The individual who is interested in challenging the executor of a will must initiate a court proceeding, and the person doing so must have an interest in the assets of the estate, says Free Advice. The interested person is usually beneficiaries to the will or a creditor of the estate.

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Full Answer

The party interested in removing someone as executor must prove unsuitability, said FreeAdvice. He needs to prove a conflict of interest that the executor faces or some how be legally ineligible to serve as executor. Legal ineligibility includes the executor being mentally incompetent for the job or being involved in another complex litigation. Other reasons why an executor can be removed is stealing from the estate, refusing to follow the accounting rules and wasting away the assets of the estate.

At the court proceeding, the attorney for the interest party wanting the executor removed and the executor's attorney present their case as to why the executor should or should not be removed. It may be beneficial for the interested party to request an estate audit to help establish legal ineligibility for the executor to continue in his role, says FreeAdvice.

The court does not remove the executor for any frivolous reasons. Even if the executor is argumentative, rude to the beneficiary, withholds information or takes a long time to settle the estate, those actions are not enough to warrant removal, says FreeAdvice.

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