gavel with house

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.

How do I remove an executor for breach of fiduciary duty?

If you and your fellow beneficiaries wish to remove an executor from their position, you must start by filing a formal petition with the Florida probate court. Within this petition, you must outline the specific incidents in which the executor breached their fiduciary duty.

For example, you may claim that the executor misappropriated funds for their personal use, which subsequently caused you to miss out on estate assets promised to you in your loved one’s Last Will and Testament. With this, you must supplement your given claims with evidence. In this example, copies of financial documents and communication records between you and the executor may be relevant.

From here, the executor may be given a copy of your formal petition so they may be allowed to respond. A hearing in front of the Florida probate court may follow, where you and the executor may make your respective arguments to the judge. After hearing both sides of the case, the judge may make a final determination as to whether or not the executor participated in misconduct.

How will a new executor be assigned to administer the estate?

Hopefully, the Florida probate judge will conclude that your presented facts are sufficient enough to prove that the executor breached their fiduciary duty. With this judgment, 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.

Now, it is worth mentioning that you or anyone else with an interest in your loved one’s estate may apply to replace the former executor. So, in a way, you may request to have them removed while simultaneously asking to replace them. The judge may carefully consider each candidate before making their decision. But ultimately, they have the final say on the matter.

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.