How can I have the executor of my late father’s estate removed?

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How can I have the executor of my late father’s estate removed?

he died 9 years ago. My brother, a lawyer, volunteered to handle the estate. He has filed and received at least a dozen extensions because he is “too busy.” My suggestions to have another lawyer w experience in probate handle it go ignored. Seems my brother can golf the beneficiaries hostage forever. What can I do?

Asked on May 29, 2014 under Estate Planning, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

As a beneficiary (and so an intereted party), you  can bring a legal action in chancery (also sometimes called surrogates or probate) court asking for an "accounting" of the executor's actions and seeking a judidicial order requiring the appointment of another executor. (And if it turns our that your brother has done anything improper with the assets or money and that is why he is not eager to wrap things up, you can also seek compensation for the estate from him.) You should retain an attorney with probate experience to help you bring this action.


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