Removing an Executor of an Estate

 Removing an Executor of an Estate

      Under Probate Law, the people selected as the Executor of a Will have numerous legal responsibilities following the death of the person who signed the Will. Primarily, they have a duty to Probate the Will, liquidate assets, pay bills and taxes, file all necessary court and tax returns, and then distribute the assets to beneficiaries. If the Executor fails or refuses to do the job to wrap up the Estate, a beneficiary can hire an attorney to file a Complaint and Order to Show Cause to request the Court  compel the first Executor to provide an accounting of all assets, plus replace that Executor with someone else. [Usually requesting your client is appointed to serve]

       COMPLAINT FOR ACCOUNTING

     A Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate.

     A signed certification of one or more beneficiaries is needed. In addition, the attorney prepares an Order to Show Cause. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, as well as appear before the court at a specific date and time.

     As with a litigated court matter, trials can become expensive. Competent elder law/Probate attorney may charge an hourly rate of $375-$475 per hour, with a retainer over $7000 required. Attorneys will require the retainer to be paid in full up front.

     The plaintiff beneficiary can demand the following:

(1) That the named executor be ordered to provide an accounting of the estate to plaintiff.

(2) Defendant, be ordered to provide an accounting for all assets of d1 dated five years prior to death.

(3) Payment of plaintiff's attorney's fees and costs of suit for the within action.

(4) Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate.

(5) That the executor be removed as the executor/administrator of the estate and that p1 be named as administrator of the estate.

(6) That the executor be barred from spending any estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff.