If the executor is unfair what can be done

My oldest brother is executor
and he is doing me his little
sister very wrong how can he
be dismissed as executor

Asked on September 26, 2017 under Estate Planning, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If he is violating the terms of the will (if you are talking about a trust, not a will, the proper term for him is "trustee", though the same principals below apply) and/or is acting in his own interests, rather than that of a beneficiary (i.e. you), he is violating his duty as executor. You can bring a legal action (lawsuit) in chancery court (a part or division of county court) seeking an "accounting"--that is, to make the executor "account" for his actions. If a court finds that he is violating the will (or if there is no will, the distribution of assets required by the rules of "intestate succession" in your state), treating beneficiares who *should* be treated the same differently, or personally profiting at the beneficiaries' expense, the court can do one or more of the following: order him to do (or not do) certain things; require him to personally repay any monies he cost the estate or took out for his own benefit; remove him as executor and replace him. This kind of action is more procedurally complex than, say, a small claims suit; you are advised to retain an attorney (a probate lawyer) to help you. The suit would be brought against the estate and the executor both.

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