How to contest/replace an executor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to contest/replace an executor?
There is a clause in my sister-in-law’s Trust that states that my husband shall become executor if the appointed executor is not acting in the best interest of the estate. Our niece is executor and is not following through with things due to substance abuse and an abusive husband. How hard/easy would it be to appoint my husband as executor? There is no money, just a mortgage in debt and a rental property.
Asked on May 14, 2012 under Estate Planning, California
Answers:
Thomas Reilly / Albert W Chianese & Associates
Answered 12 years ago | Contributor
You would need to petition the court where the will was probated. It you contact the probate department for that county they should be able to help you file what needs to be filed. Be specific as to your allegations. The court will hear both sides and make a decision.
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.