Can I get the executor eplaced with a second executor?

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Can I get the executor eplaced with a second executor?

My younger sister had been named executor of our stepdad’s Will. She has 2 of our deceased mom’s expensive rings in her banks safety deposit box. My stepdad had recently stated that he should get the rings evaluated, so I text ed my sister and stated just that. Her reply text was [email protected] you, who made you boss, the last time I looked at the will, etc. etc. etc. I showed my step-dad the text, and he just kind of blew it over. Unfortunately I deleted that text. Can I get the backup executor as the main one when the time comes?

Asked on August 16, 2012 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

I am so sorry fopr your loss and for the situation.  First, you need to prove that there is a breach in the duties assigned to her in the execution of her duties in your step dad's estate.  Your Mom's rings may have nothing to do with that if they are not in his possession at the time of his death and he seems to be okay with her having them.  She will argue that they are a gift.  You will fight otherwise.  Who was the PR of your Mother's estate? That person needs to get her assets back or if no estate was filed, that may be an option now.  Your step dad needs to act.  Good luck.


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