What to do if a family friend just passed and left my mom and dad as co-executors but they have recently been going through a divorce that is not amicable?

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What to do if a family friend just passed and left my mom and dad as co-executors but they have recently been going through a divorce that is not amicable?

On top of that, my dad has within the last 2 months attempted suicide, been arrested for stalking my mom and charged with domestic abuse on her. Is a judge actually going to allow him or her to take care of this? My concern is that he is going to draw this probate out as a way to continue to abuse her. She is being fair and wants him to have his half even with all he’s done to her. I am the alternate executor. I’ve tried to see if they’d both concede but my dad will not. Monday will be the first time we were able to talk to a probate lawyer. Is it possible to disqualify my dad?

Asked on November 25, 2012 under Estate Planning, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written, I suggest that you defer to the opinion of the Wills and trust attorney as to whether your father could be recused as being the co-executor of the estate that you have written about. Given his personal issues and if beneficiaries under the estate want him out as an executor then a petition to the court seeking his removal is an option if he will not voluntarily remove himself from the position he shares as co-executor of the estate.


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