Can I remove my brothers girlfriend as executor from our dad’s Will?

I’m the executor so is my brother’s girlfriend. She is not carrying out her duties my brother has continued to damage my dad’s house now locking me out. She also is very poorly and he is a controlling person and controlles her

Asked on September 24, 2018 under Estate Planning, North Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you re the Executor of the estate and the co -executor is not carrying out her duties then you can ask that she be removed.  The term is "breach of fiduciary duty."  I STRONGLY suggest that you seek help from an attorney ASAP.  This is not an easy process.  Good luck.


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