What to do if my mother passed away 8 months ago and my sister is executor over her estate but her action handling of my mother’s assets are highly questionable?

She’s been in 2 car accidents with my deceased mother’s car due to drunk driving.

Asked on July 5, 2016 under Estate Planning, New Jersey


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A court will remove the executor of an estate but only if it can be shown that the executor is incapable of performing their duties, unsuitable for the position, or has in some other way become disqualified since the deceased appointed them. The fact is that an executor’s duties are to carry out the intent of the Will by acting in good faith and in the best interests of the beneficiaries. This means that if an executor does an incompetent or careless job of estate administration, this can be grounds for removal. That having been said, the mismanagement must be fairly serious and damaging to the estate. At this point, you should consult directly with a probate attorney; they can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.