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Amber E.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1482
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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if one of 6 1st cousins field a complaint to remove a will

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if one of the 6 1st cousins filed a complaint to remove our deceased cousins will for good reason, how will a probate judge replace/appoint an executor? the named 1 of 6 cousings-heirs is an attorney & appears to wish to be   the personal rep./executor. is there not a nomination process vs. judge appionting the moving party? 

That is certainly an option, if they all agree. Ordinarily, the petition to remove the personal representative includes a recommendation of the successor for the court to consider. Absent that, the court may appoint a successor personal representative from among any interested heirs qualified for the position.
Customer: replied 4 years ago.

ok i belive the judge will appoint , but how does the judge or who does the judge appoint executor? i was asking is/ there not a process for nomination? We fear the attorney cousin is trying to insert herself as excutor without any nomination nor with by any agreement from asny one or 50% + the 5 cousins? , see my question better now?

Yes, I understand, but there is no specific nomination process. However, if other heirs believe themselves better suited for the position, then they must make themselves known to the court and give their reasoning. There is no set standard, the decisions will be made between proposed candidates based on a number of factors. Among them may include credibility, education, training, availability, and so on. But your concern is warranted, if the cousin has filed for appointment - and no one else has, then the cousin is likely to be appointed by default.
Customer: replied 4 years ago.

ok good info. I' ll have 3 of the 5 vote for me. Only 5 will vote. and noone except the attorney herself will vote for herself. thus by majority vote will i be nonated by the judge? ie 3 if 3 of of 3 vote for me, 1 votes for herself the other two will not vote. get it?

Not simply their vote, but their actual testimony in your favor will help. The court has a great deal of discretion, so it is impossible to say for certain, but generally the court will side with the majority.
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