In some cases, there may be tension between the beneficiaries and the executor of an estate. This could involve allegations that the executor is not honoring their fiduciary duty to the estate. However, it is very difficult for the beneficiaries to remove the executor.
This is not to say that the executor can do whatever they want without any accountability. The beneficiaries can sue the executor and hold them responsible when they breach their duties. The executor can be personally liable for damages that they cause. This is often the first option for beneficiaries, and if you are in this position, contact a Libertyville estates attorney right away.
When an Executor Can Be Removed
The court must be involved, and the judge has the final say over whether the executor can be removed. First, the beneficiaries must petition the court to request it. The judge will not replace the executor over a mere difference of opinion. Instead, the executor must do something wrong to merit removal. This includes:
- Not carrying out their duties
- Not following the wishes of the will
- Acting with conflicts of interest
- Not giving the proper accounting to the beneficiaries
Something more than just the executor being bad in their role is a requirement for their removal. So long as they make reasonable decisions and good-faith efforts to uphold their duties, the executor will likely be safe from both removal and a lawsuit. However, beneficiaries should keep a close watch over the executor to make sure that they are doing right. They can always ask for an accounting if necessary. Both sides should consult an attorney if there is a dispute because the stakes can be high.
Let a Libertyville Estate Litigation Lawyer Help
The attorneys at Charles T. Newland and Associates represent both executors and beneficiaries in disputes. Call us today at (847) 797-9300 or contact us online to discuss your matter and receive commonsense legal advice.