Common Questions About Executor Removals

A Philadelphia common questions about executor removals lawyer will assist you if you are concerned initiating a case in which you hope that an executor is removed from his or her fiduciary duty. You need to understand your rights and responsibilities in this manner before initiating a lawsuit. What follows are three of the most common questions about executor removals. A Philadelphia common questions about executor removals lawyer will be able to answer any other questions you have during your initial consultation. A common questions about executor removals attorney in Philadelphia is an excellent resource to turn to when you are confused about the crucial elements of your case and how you should proceed to best represent your interests and show that an executor has exceeded his or her role and violated the estate and harmed the beneficiaries because of it.

You can also remove a trustee from his or her position of power due to the many issues that could lead to errors, omissions, or illegal activity. In all of these cases, however, you must have a lawyer to help.

Be prepared that this person can hire their own lawyer to represent the claims against their actions and that these funds can come from the very estate you’re worried about. However, all hope is not lost for those funds to be put back into the estate if you can show that the executor was in the wrong to begin with.

Executor removal might also be referred to as a replacement action. This is typically the case when the will has successor, executors and the goal is taking away the initial executor; that’s replacing him or her with a successor. If any interested party such as a beneficiary believes that the initial executor has not carried out his or her obligations or duties effectively and wants a successor executor to serve instead, a knowledgeable litigation attorney can help with a removal petition. Discovery is made, and evidence is obtained to present to the judge and you need someone who is thoroughly familiar with this process in order to present things to the court.

An interested party has to pay their attorney, but if the removal action is successful, the judge can order reimbursement for legal expenses for that party through the estate. The executor can also hire an attorney and the estate will pay for this attorney. However, if the judge removes the executor for bad actions such as breach of fiduciary duty, the executor might have to repay the amount given to the attorney.

If you are looking to remove an executor, your case will be heard in front of the court with unique rules and procedures. Your case must be exceptionally organized and presented clearly. Evidence has to be gathered though depositions, subpoenaed documents and witness interviews. If you miss deadlines, your case will be dismissed.

As with any trade or profession, it is essential to have the support of someone who is thoroughly experienced in this area to master the process. This means that you case is best served by having a lawyer who is familiar and experienced with all of these various procedures. The support of a lawyer goes a long way in empowering you with what to expect and decreasing your chances of making mistakes in your legal case.