Monday, May 16, 2011

How Do I Remove an Executor Named in a Will in New York?

An executor named in a will is a person chosen by the testator who will administer the testator’s estate and carry out the provisions of the will.

If a beneficiary wishes to have an executor removed, they must prove that the executor is either ineligible to act as executor or that the executor has engaged in serious misconduct. 

The Court will not force an executor to step down unless incapacity or serious misconduct has been found.  Physical illness which is preventing the executor from carrying out his duties or constant drunkenness would be examples of incapacity.  Examples of serious misconduct would be stealing from the estate, failure to provide an accounting to the court, not carrying out the duties of executor, waste of estate assets, and failing to abide by court orders. 

Other certain grounds, while distressful to the beneficiaries, have not been found to be grounds for removal.  Some examples would be the executors acting as if the estate is his or hers, rude behavior by the executor to the beneficiaries, refusal to give information to the beneficiaries, and delay in settling the will.

If you feel the executor of your loved one’s estate is acting improperly, call the Law Offices of Albert Gurevich at (212) 233-1233 to discuss your fiduciary removal proceeding.

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