Is there anyway to get a new executor assigned if they are not performing their duties?
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Is there anyway to get a new executor assigned if they are not performing their duties?
My deceased mother listed our ex-daughter-in-law as her executor of her Will.
Asked on November 30, 2011 under Estate Planning, Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the executor of an estate is not performing his or her duties as such, the beneficiaries can file a petition to have the executor removed from his or her position as such.
Before filing such a petition, I recommend that there be letters written to the executor about the need to do her particular duties as the estate's executor in a timely manner, keeping a copy of the letters for future need and reference.
In all petitions for the removal of an executor, I suggest that an attorney experienced in Wills and trusts administration be consulted and retained.
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