What can be done about an executor who is believed to be untrustworthy?
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What can be done about an executor who is believed to be untrustworthy?
The process is in its final stages. My dad is worried that the money will be distributed to the executor and he will cash the check and run off with the money. In the Will the money is to be split between all the living children. The estate consists of property which is being sold; escrow closes next week.
Asked on July 7, 2015 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
An executor is in a fiduciary capacity to an estate. In other words,�they owe the estate certain duties. These include protecting assets, not engaging in self-dealing, or committing other acts of bad faith. If those duties are not properly carried out, either intentionally or through negligence, the executor�can be removed. Depending on the nature of the breach, the executor can face civil and criminal penalties.
That having been said, replacing an executor is not something undertaken lightly by the�courts, especially since this is a potential versus actual breach. However, if you believe that this executor�needs to go, you should contact a probate attorney or the applicable probate court.
In the meantime, here is a link to an article�that will give you�further information:
https://law.freeadvice.com/estate_planning/wills/removing-executor-of-will.htm
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