You might disagree with the appointment of someone to execute a deceased family member’s estate. You might not like the chosen person, or you may think they are the wrong person for the job. That does not mean you can challenge them.
Most people think carefully about who they name to execute their estate. So consider what reasons the deceased had before you challenge the executor they chose.
If you wish to ask a court to remove an executor first, you must be sure you have that right. If you are not a beneficiary or would have been a beneficiary if the deceased died intestate, you probably cannot.
Has the executor breached their fiduciary duty?
A breach of fiduciary duty can only occur if the person had a fiduciary duty in the first place. It exists if they accepted the executor’s role and a court authorized them to carry it out.
How did they breach it, and how has that harmed you?
Executors must act in the best interests of the estate. Not doing anything could go against that, as could things such as mishandling or skimming assets. If you think they are taking too long, that could again be grounds to file a challenge. However, before you do, it is crucial to understand what is causing the delay. Executing an estate can take longer than people think, even without hiccups or dodgy activity.
If you are unsure about the probate of a loved one’s estate, getting legal advice can help you dismiss your concerns or plan your next moves to file a challenge.