The Guide to Removing an Executor of Estate | RMO Lawyers

https://rmolawyers.com -- An executor of an estate has many duties and responsibilities, and sometimes they fail to live up to them. Fortunately, California law allows for the removal of an incompetent or unethical executor under certain circumstances. Such cases are more common than you might think, especially in high net worth states like California. Executors do not have absolute and unlimited authority over estate assets and beneficiaries. Their powers are defined by the legal documents appointing them, and they are legally accountable to state courts and state laws. If an executor abuses his or her power, or appears negligent or reckless in managing estate assets, it may be necessary to file a petition for their removal in probate court. Read on below for more detailed information on how to remove an executor of estate in California.

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What is an executor of estate or administrator of will?
An executor of estate, or administrator of will, sometimes called a “personal representative,” is responsible for legitimizing and stewarding an individual’s will in probate court after their death. The executor or administrator is generally chosen by the will’s creator, and is named within the will document itself.

Executors and administrators of wills are usually close family members or friends of the deceased. Parents often select their most responsible child for this role because an executor or administrator must be able to handle a great many tasks in a timely and precise fashion. They must initiate and manage the legal process of probate, pay any taxes and debts due from the estate, distribute assets and property to beneficiaries, sell off assets as required, and more.

Can you remove an executor of estate?
Yes, you can remove an executor of estate under certain circumstances in California. California State Probate Code §8502 allows for the removal of an executor or administrator when:

-They have wasted, embezzled, mismanaged, or committed a fraud on the estate, or are about to do so.
-They are incapable, incompetent, or otherwise unqualified to carry out their duties.
-They have wrongfully neglected the estate, or have long neglected to perform an act related to its proper management
-The removal of an executor or administrator is otherwise deemed necessary for the protection of the estate or its interested parties

How much does it cost to remove an executor?
This depends entirely upon your specific case. You can and should get a more detailed estimation at a free consultation with a probate lawyer focused on litigation. Don’t be afraid to specifically ask your attorney about their strategy for driving down litigation costs. An experienced estate attorney will know how to proactively stop an executor from drawing out proceedings in an attempt to rack up prohibitive attorney’s fees and costs.

At RMO, we always try to create opportunities for clients to have decision points to get results sooner and for less legal spend. What that often means is creating leverage to settle cases in mediation, out of court, because doing so saves lots of time, money, and stress. While an executor usually recovers their attorney’s fees from the estate if they win, the threat of paying fees out of pocket should they lose is often enough to bring them to the bargaining table.

If you succeed in removing an executor, the court will decide if your lawsuit benefitted the trust or not. If they decide that it did, your attorney’s fees generally will be paid by the estate or in some cases, the personal funds of the removed executor.

Do I petition to remove an executor of an estate?
A petition to remove an executor, or an application to remove an executor, is a legal motion filed with a probate court on behalf of an interested party to a will or estate. A petition for removal alleges that the current executor is unfit for their position due to negligence, misconduct, or incapacity. The petition for removal is often filed alongside a petition for a replacement executor.

Once the petition for removal is filed, the negotiation process can begin. Ideally, an out-of-court settlement can be reached between the parties, via the assistance of their mediating attorneys. At RMO, we have an excellent record of securing significant settlements for our clients in these cases. Make sure your lawyer does, too.

Have questions? Contact us for a free consultation.
(424) 320-9444 or hello@rmolawyers.com

FULL ARTICLE: https://rmolawyers.com/removing-executor-of-estate-california/

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