The Role Of The Executor Or Estate Trustee

Executors have many duties, including administering the estate, converting everything into cash, and paying the bills. Most important, executors must make sure that taxes are paid, because, if they are not paid, the executors are responsible for those liabilities. Generally the executor is the spouse of the deceased. If anything happens to the spouse, then [...]

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

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 [...]

What Happens When The Court Has Removed An Executor?

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

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 [...]