If the executor is unfair what can be done
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the executor is unfair what can be done
My oldest brother is executor
and he is doing me his little
sister very wrong how can he
be dismissed as executor
Asked on September 26, 2017 under Estate Planning, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If he is violating the terms of the will (if you are talking about a trust, not a will, the proper term for him is "trustee", though the same principals below apply) and/or is acting in his own interests, rather than that of a beneficiary (i.e. you), he is violating his duty as executor. You can bring a legal action (lawsuit) in chancery court (a part or division of county court) seeking an "accounting"--that is, to make the executor "account" for his actions. If a court finds that he is violating the will (or if there is no will, the distribution of assets required by the rules of "intestate succession" in your state), treating beneficiares who *should* be treated the same differently, or personally profiting at the beneficiaries' expense, the court can do one or more of the following: order him to do (or not do) certain things; require him to personally repay any monies he cost the estate or took out for his own benefit; remove him as executor and replace him. This kind of action is more procedurally complex than, say, a small claims suit; you are advised to retain an attorney (a probate lawyer) to help you. The suit would be brought against the estate and the executor both.
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.