Even though your loved one may have trusted someone enough to name them as the executor of their Last Will and Testament document, you may have your hesitations. And as a designated beneficiary of your loved one’s property and assets, you may be directly affected if this executor falls short of what is expected of them. This is when you may feel you have no choice but to take matters into your own hands. That said, please follow along to find out how to successfully get an executor removed from their role and how a proficient Broward County wills lawyer at The Probate Lawyers can help you recover from the they caused you.
How can I have an executor removed from their position?
If you believe an executor should step down from their position, you may first file a formal petition for removal with the Florida probate court. Soon after, you may be scheduled to attend a court hearing, where both you and the executor will present your sides of the case. At this time, you must exhibit evidence that you alluded to in your initial petition for why the executor must be terminated and replaced. Such evidence must point to the executor’s breach of their fiduciary duty. This means they failed to uphold their legal obligation to act in the estate’s and beneficiaries’ best interests. In other words, they prioritized their own best interests.
Can I pursue legal action against an executor for losses and damages?
After presenting your argument, the Florida probate court may rule that the executor indeed breached their fiduciary duty. If this is their final verdict, they may revoke this title from the defendant and appoint a new individual to take their place. Of note, this individual may come from your recommendation in your initial petition or, otherwise, a completely separate court-appointed individual. This may be to better ensure that there is no conflict of interest between the new executor and the will’s beneficiaries, which may have been one of the major issues in the first place.
Even after you settle this, you may realize that you are still suffering the effects of the previous executor’s poor behavior. If this is your case, you may strongly consider pursuing a separate legal action against them to recover your losses and damages. This may be relevant if the executor failed to safeguard assets within the estate before its administration, and you subsequently incurred great financial losses. Or, this can be if they neglected to pay off outstanding creditors before distributing the estate’s property and assets, and your inheritance ultimately gets intercepted and drastically reduced.
Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at The Probate Lawyers and retaining the services of a talented Broward County estate lawyer. Rest assured, we will take the reins from here on out.
