A Personal Approach To Resolving Your Estate Planning & Litigation Concerns

Removing an executor for cause

by | Aug 6, 2021 | Estate Litigation

When Nevada residents select an executor for their estates, they express a lot of trust. This person will administer an estate, work with beneficiaries, and carefully use their control of the assets to meet the specifications you left behind in your will. However, there are times when estate litigation is needed to remove an executor because they do not act in the estate’s best interest.

Possible signs that an executor acts incompetently

You may notice that settlement of the estate takes far longer than it should. In extreme cases, there may be an asset reduction within the estate. This means that the executor’s actions are actively damaging the estate’s value and the assets that the beneficiaries have a right to expect.

Using litigation to remove an executor for misconduct

You already know that a failure of an executor to fulfill their fiduciary duty may require the assistance of an estate litigation attorney. However, there are some cases when doing so is of critical importance.

For example, if the executor refuses to follow the content of the will or does not distribute assets to the intended beneficiaries, these are examples of misconduct. It is no longer incompetence, but it is a decision on the part of the executor. Other such actions include the inappropriate private use of estate assets and a failure to submit to court review.

Choosing the right executor

It is excellent practice to review your selection of your executor periodically. Is the person you selected still competent? Do they still have your trust? In some cases, it may help your beneficiaries down the line if you make a change now.