How likely is an Executor removed by the Court?
I currenly have an Action in Probate Court against my sister, the Executrix over my Mom's Will. She has not complied with the Will / her duties in four instances. I am seeking input from people / lawyers who have gone through a similar situation: how likely is the Court to remove her as Executrix, and appoint me as Executor, if I bring a motion?
1) She is to sell my Mom's house, when she no longer lives there. She hasn't lived there since 5/2016. House is still not for sale.
2) She acknowledging in writing that she rented out the house from September thru November
3) for $2,000. She has not distributed the proceeds to myself or my brother.
4) She acknowledging in writing that she totaled my mom's car and received $3,000 from the insurance company in 2015. She has not distributed the proceeds to myself or my brother.
She also blew off two conferences set up by the Court, to come to an Agreement with me regarding the sale of my Mom's house. I ended up drafting one on my own, which was provided to her.
- babyboomer1001Lv 74 years ago
If you can prove your case, it it highly likely that she will be removed and you will replace her. Be sure that what you are expecting from her is something she actually was supposed to do, under the terms of the Trust or Will.Source(s): Certified Paralegal, with 25+ years' experience.
- EdithLv 74 years ago
1. No, 2. No, 3. No, with cause, 4. No, with cause. But, you must get the issue before the court so that when bigger things happen, it is not the first time before the court. You do not have to be a professional accountant to be an executor of a will. Most people are not very good at it.
- Mr.357Lv 74 years ago
Obviously your lawyer has better answers than a bunch of Yahoos on Y/A.
- realtor.sailorLv 74 years ago
If what you say is true there needs to be a court hearing why the home is not for sale and explain why she hasn't disbursed the funds. You don't want a "conference" you want a hearing!