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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102174
Experience:  Fully licensed attorney in Texas in private practice.
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How do I remove Executor of my Mother's will? He has not

Customer Question

How do I remove Executor of my Mother's will? He has not acted in best interest of beneficiaries, he is wasting the assets and he has not filed assets with court or provided an accounting of estate to heirs. What is the cost to hire attorney, Broom County, New York
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. The Executor has a fiduciary duty to manage the estate accurately, efficiently, and without waste. They also must file all the proper paperwork. Not doing so may be grounds for removal, although the Court makes the final decision.
What a beneficiary can do is file a pleading asking the Court to remove the Beneficiary, serve the beneficiary, and then hold a hearing - the Judge will then decide.
See here.
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Customer: replied 1 year ago.
I want to know what I have to do to have my brother removed as executor.What do I need to do to initiate removal in Broom County New York .
Expert:  Ely replied 1 year ago.
Someone in your situation has to file a motion with the Surrogate's Court in Broom County. The Court's number is(###) ###-####
The motion has to be served unto all parties involved in the estate, including the Executor. Any party may file a reply to the motion. The motion has to be set for a hearing and argued orally.
At this hearing, the Judge will make the decision on whether or not the Executor should be removed due to their failure of fiduciary duty, accountability, and so on.
I hope this clarifies.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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