How to contest/replace an executor?

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How to contest/replace an executor?

There is a clause in my sister-in-law’s Trust that states that my husband shall become executor if the appointed executor is not acting in the best interest of the estate. Our niece is executor and is not following through with things due to substance abuse and an abusive husband. How hard/easy would it be to appoint my husband as executor? There is no money, just a mortgage in debt and a rental property.

Asked on May 14, 2012 under Estate Planning, California

Answers:

Thomas Reilly / Albert W Chianese & Associates

Answered 11 years ago | Contributor

You would need to petition the court where the will was probated. It you contact the probate department for that county they should be able to help you file what needs to be filed.  Be specific as to your allegations.  The court will hear both sides and make a decision. 


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