Your loved one may have practiced good judgment when drafting and establishing their estate plan. However, due to unforeseeable circumstances, the individual they assigned as executor of their Last Will and Testament may turn out to be untrustworthy. And with your loved one sadly having passed away and no longer able to reassign someone, you may feel completely helpless in the matter. However, you must understand that there is a way to bring this unjust situation to the attention of the Florida probate court. With that being said, please follow along to find out how to remove an executor for misconduct and how a proficient Broward County estate administration lawyer at The Probate Lawyers can help you present your case effectively to the court.
What Counts as Executor Misconduct or Breach of Fiduciary Duty?
Serving in the role of an executor on behalf of a deceased individual’s estate is an incredibly important role, as this individual has a number of responsibilities, including settling the deceased’s estate and ensuring their wishes are honored. Unfortunately, however, there may be circumstances in which an executor acts with misconduct.
What Are an Executor’s Legal Duties Under Florida Law?
Like all states, Florida imposes fiduciary duties on executors. Fiduciary duty is a legal obligation to act in the best interests of the estate and its beneficiaries. As such, if misconduct occurs, it will warrant a breach of duty under the law. This means they are legally required to set aside all personal interests and act in a way that fulfills the duty of care expected of them upon assumption of this role.
Examples of Executor Misconduct
Common examples of breach of fiduciary duty or executor misconduct include:
- Misappropriation of estate funds
- Theft of estate funds
- Failure to communicate with beneficiaries
- Selling assets below their value
- Ignoring deadlines and court requirements
- Negligent management of estate assets leading to financial loss
- Withholding or hiding information
How To Petition the Court to Remove an Executor
In the event that the executor of an estate for which you are a beneficiary, legal heir, or invested party breaches their fiduciary duty, you may want to have them removed from the position.
Step 1: File a Formal Petition for Removal
To initiate removal proceedings in Broward County, the first step is to file a formal petition with the court. Generally, this entails:
- Filing with the correct Florida probate court
- Detailing specific acts of misconduct
- Including supplemental documentation to support your claim
Step 2: Provide Supporting Evidence
Evidence that you may wish to submit when filing the petition includes:
- Financial statements showing misuse of funds
- Electronic communications
- Witness statements
- Accounting inconsistencies
- Missed court deadlines
Step 3: Executor Response
Once the petition is filed with the court, you’ll need to have the executor served with a copy of the documents. They will then submit a response to the petition, at which point a hearing date will be scheduled. Under the rules set forth by the Middle District of Florida, which governs counties including Broward County, the defendant has 21 days to answer a lawsuit.
Step 4: Hearing Before Probate Judge
At the hearing, the judge will examine the evidence submitted by both parties to determine whether or not a breach of fiduciary duty has occurred, and if so, whether removal is in the best interest of the estate.
What Happens After an Executor Is Removed?
In the event that the judge agrees that an executor has engaged in misconduct, they may subsequently order their removal from this position. In turn, they may order a replacement to step up to this role and resume the estate’s administration.
Appointment of New Executor
To continue the probate process, a new executor must be appointed by the court. They may:
- Appoint someone you propose
- Appoint a neutral third party
If you recommend someone to serve this role, it’s important to understand that the court ultimately has final say over who will fulfill this role. Similarly, the court must ensure the new appointee will not result in a conflict of interest.
Who Can Serve as the Executor?
In general, anyone can serve as an executor of an estate, so long as they meet the eligibility requirements. Under Florida law, the requirements for an executor are:
- The individual meets the Florida residency requirements
- The individual is of age
- The individual is mentally competent
- The individual is not a convicted felon
Can a Lawsuit Be Filed Against an Executor for Damages After Their Removal?
In the event that an executor is removed and they caused significant financial loss to the estate in Broward County, you may wonder if it’s possible to hold them liable for the damages they caused.
When a Lawsuit May be Necessary
In general, the following scenarios often warrant a lawsuit against a negligent executor:
- Theft of estate funds
- Failure to pay creditors, resulting in losses for beneficiaries
- Improper distribution of assets
- Insurance of improperly distributed assets
Types of Recoverable Damages
If any of the aforementioned scenarios occur, you may be able to recover:
- Financial losses
- Reduced inheritances
- Costs for restoring estate records
- Attorney fees
Contact an Experienced Broward County Estates Attorney Today
In conclusion, at this time, what matters most is that you retain strong legal representation to get you through this critical case. Please contact a talented Broward County estate administration lawyer from The Probate Lawyers today.
