The Circumstances Under Which An Executor Might Be Removed From Administering A Will Or Estate

June 24, 2008 by  
Category: Executors and Trustees

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There is no guarantee that any situation short of fraud or theft will result in the removal of an executor. A number of diverse factors give rise to cases where executors have been removed. One reason could be delay. The executor has not done his job in a timely manner. This delay, although it might […]

How Fiduciary Duty Applies To The Role Of Executor And Power Of Attorney

June 23, 2008 by  
Category: Executors and Trustees

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Common law places a special responsibility on someone who is in position of authority relied upon by vulnerable people. This type of duty is characterized as being a Fiduciary. One of the aspects of that special responsibility is that the person wielding it must conduct him/herself remembering that their first and primary mission must be […]

What Happens When The Court Has Removed An Executor?

June 20, 2008 by  
Category: Executors and Trustees

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Depending on who is involved, there will be different choices facing the court. If there was an alternative executor, acceptable to all parties, named in the will, that provides an easy solution. But it may be that the beneficiaries disagree as to who would be the most appropriate alternative trustee. In those instances, the estate […]

How The Court Views A Request To Have An Executor Removed

June 11, 2008 by  
Category: Executors and Trustees

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When someone requests the removal of an executor, the court approaches the case from the perspective that these are not business people fighting with one another, this is family. Judges would prefer that it be settled among the family, not in the court system. If it comes to court, a judge will balance the wishes […]

The Role The Executor Plays In Administering An Estate

May 26, 2008 by  
Category: Executors and Trustees

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The first thing an executor does is to find and review the most recent will, and that can sometimes be an issue. The executor is also responsible for arranging the funeral and finding out if there are any emergency financial needs for any of the family. Once the executor steps in, he is in charge […]

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