Can I get the executor eplaced with a second executor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get the executor eplaced with a second executor?
My younger sister had been named executor of our stepdad’s Will. She has 2 of our deceased mom’s expensive rings in her banks safety deposit box. My stepdad had recently stated that he should get the rings evaluated, so I text ed my sister and stated just that. Her reply text was fu@k you, who made you boss, the last time I looked at the will, etc. etc. etc. I showed my step-dad the text, and he just kind of blew it over. Unfortunately I deleted that text. Can I get the backup executor as the main one when the time comes?
Asked on August 16, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry fopr your loss and for the situation. First, you need to prove that there is a breach in the duties assigned to her in the execution of her duties in your step dad's estate. Your Mom's rings may have nothing to do with that if they are not in his possession at the time of his death and he seems to be okay with her having them. She will argue that they are a gift. You will fight otherwise. Who was the PR of your Mother's estate? That person needs to get her assets back or if no estate was filed, that may be an option now. Your step dad needs to act. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.