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What Happens When The Court Has Removed An Executor?

June 20, 2008 by Charles B. Wagner LL.B.  
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 Charles B. Wagner LL.B.  
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 [...]