Removal of Executor
A Philadelphia removal of executor lawyer will assist you with putting together the paperwork and arguments for the court to remove a fiduciary. A Philadelphia removal of executor lawyer has to help you pull together this evidence to illustrate to the court that the executor has done something that is counter to the beneficiary's best interests. This would officially breach the fiduciary duty that an executor has.
Any fiduciary can be accused of breaching the fiduciary duty and could be held accountable for his or her actions. It is your responsibility as the person making this allegation to convince a judge to remove an executor. The judge can remove an executor only if he or she hears the right evidence. This frequently mean interrogatories, subpoenaed documents, interviews with witnesses, using expert witnesses including accountants, and presenting through the rules of evidence. All these materials can help to illustrate the strength of your case, important since it’s your job to show that a breach has occurred.
The sooner you can hire someone who knows the lay of the land, the easier it will be to file a legal claim and get moving forward with this kind of case. Since a dispute might take some time to move through the court system, it’s in your best interests to act sooner rather than later.
A knowledgeable removal of executor lawyer in Philadelphia will be able to tell you whether or not your case appears to have the basic grounds for this. There are many different reasons why you may initiate an executor removal case. Simply being upset with him or her, however, is not enough to trigger such a case. You have to give the judge a clear basis for removal. Although every case is unique, there are some popular reasons associated with executor removal, including abuse of discretion, misconduct, disputes and arguments between co-executors, self-dealing, failure to comply with the terms of a will, mismanaging or neglecting estate assets, failing to cooperate with a beneficiary or a vital party, failing to comply with a will's terms, hostility towards heir, failure to act, misappropriation of funds, or the executor is now incapacitated. If you believe that an executor has already carried out acts that would require removal, you need to hire an attorney to petition for a fiduciary's removal.
Furthermore, if the executor's wrongful acts have caused damage to the estate, a petition needs to be created by your attorney to force an executor to provide a formal account. A formal account details all of the activity that has happened and enables your estate litigation attorney to see whether or not you may be entitled to damages. This also allows your lawyer to subpoena evidence, depose a fiduciary, obtain records, and interview witnesses.
If the executor refuses to alter his or her actions and address any damages that were made to the filing person's satisfaction. The judge will then set up a hearing. During this hearing, your attorney will show this evidence gathered, using the court's official rules and procedures. If the judge determines that grounds exist for removal, the judge can demand that the fiduciary be removed from the case and this fiduciary can also be surcharged for the damages. You need someone who is thoroughly knowledgeable about executor removal in order to save you time and money. It can be very frustrating to realize that an executor has breached his or her fiduciary duty but being able to act promptly and hiring the services of a dedicated attorney can make a world of difference.