How do you challenge a will and executor?


Quick Answer

To challenge a will and executor, the individual interested in challenging must commence a court proceeding, explains Free Advice. The interested person is usually a creditor of the estate or a beneficiary of the will.

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Full Answer

For a successful challenge, the party making the challenge must prove that the executor is unsuitable, notes Free Advice. The challenger must prove a conflict of interest or somehow show that the executor is ineligible to serve. The executor may be mentally incompetent or involved in other litigation. An executor may be removed because he's stealing from the estate, wasting the assets of the estate or refusing to follow accounting rules.

Generally, courts don't remove executors for frivolous reasons. Even if the executor is rude or argumentative to the beneficiaries or is slow to settle the estate, those actions alone are not enough to warrant the executor's removal, states Free Advice.

Parties can contest a will if the testator lacked the mental ability to create one or if he was somehow unduly influenced to write the will in a certain way, according to Find Law. Inappropriate or insufficient witnesses, or a will that is not valid in the state where the decedent lived until his death, are also grounds for a contest. The spouse of the decedent is the most likely person to successfully challenge a will.

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