When an executor must be removed from an estate

On Behalf of | Jul 20, 2021 | Probate Litigation |

At some point after you have made a will in Minnesota, you may decide that you need a different executor. This could happen because your relationship with the executor changed or for many other reasons. If this happens, you would need to make an update to your will.

Why removal may be necessary

You could also find yourself in a situation where you need to remove an executor from an estate after the death of a loved one. Probation litigation is a serious step and can be stressful, but it may be necessary in some circumstances. For example, the executor might be using the estate’s assets for their own benefit. They could be embezzling, charging excessive fees or otherwise violating their fiduciary duty. An executor might also need to be removed if they are no longer able to serve in the role, such as if they suffer a medical emergency.

Steps to removal

Legal action can only be brought by people who have an interest in the estate, such as beneficiaries or other close relatives. It is necessary to file a petition through the probate court to remove the executor. You should have proof that demonstrates why the executor should not be permitted to remain in the position. An attorney may be able to help you prepare a case for removing the executor.

Whether you are the person making the estate plan or you have a parent or another loved one who is preparing one, a good way to reduce the likelihood of conflict and litigation is open communication. This can help ensure that everyone understands the wishes of the person preparing the plan, and if someone has a concern about the executor or other aspects of the plan, they can raise it while there’s still time to make changes.