Firing A Will Executor
A Philadelphia firing a will executor attorney is a person who can answer your questions and represent you in court when you believe that an executor of an estate has violated his or her fiduciary duty and responsibilities and has failed to uphold their legal mandate.
You need the support of a firing a will executor lawyer in Philadelphia if you believe that the person appointed in this important role has already done damage to the estate. An executor has a fiduciary duty to the heirs of a will that he or she administers.
But it is important to remember that heirs cannot fire or hire this person. The testator or the creator of the will selects an executor to administer his or her estate. Following the testator's death, only a probate judge can disqualify an executor. You need the support of a firing a will executor in Philadelphia to help you to illustrate a strong case in front of a probate judge.
Any heir is eligible to object to the executor's capacity and actions by filing a timely challenge but is responsible for proving these allegations in trial.
The first step in challenging a will executor is to investigate the very appointment of that person. Investigate whether or not the will was executed in accordance with estate law, whether or not the signature on the document complies with state regulations such as being signed by two witnesses and whether there are any other issues that can render the will invalid. This would also mean that the person appointed as the will executor is invalid as well. Scheduling a consultation with a lawyer is strongly recommended if you believe that you have found ample evidence that the document itself is not accurate.
You might also consider whether or not you can prove incapacity sufficient to disqualify this executor. Courts require that you must show severe physical, mental or moral incapacity that could prevent an executor from fulfilling his or her jobs. Occasional drug use or alcohol abuse, for example, does not support a comprehensive allegation of incapacity. However, if you can illustrate that the executor is carrying out criminal behavior, this could meet the grounds.
Finally, understand that if you intend to allege improper actions, the court requires proof of serious malfeasance. You should always have this proof gathered well in advance. Even if you might have the satisfaction of a slow probate procedure, this does not mean that the person in question has violated the law or has breached his or her fiduciary duties. Few courts will disqualify an executor on this basis.
You need to have ample evidence about misappropriating assets, embezzlement or dishonesty with the court. If you can illustrate that the breach of fiduciary duty occurred, you will be in a much better position to show self-dealing. Finally, you'll need a knowledgeable probate dispute attorney to help you for the duration of this process. You are making serious allegations that could harm the person's professional and personal reputation. You need to be prepared for what to anticipate in a case like this and how to avoid many of the most common missteps that will lead to your case being dismissed or not taken seriously in court. You deserve to have a knowledgeable attorney at your side for the entirety of your legal claim, and his person should be hired as soon as possible if you intend to allege that either the will is invalid or that the executor violated the legal responsibilities he or she owed.