How do I file to remove an administrator from a Will?

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How do I file to remove an administrator from a Will?

My friends niece was appointed administrator of his parents Will. In the will the house was left to the only son and in a codicil written later, the niece and sister were named to receive equal shares of the estate with the son other than the house. The niece has failed 2 times in the last 2 years to pay property tax on time and has resulted in tax sales on the home. She has now hired an attorney with estate money to fight the legitimacy of the Will and is trying to get the court to sell the home as well. This is conflict of interest to the only surviving son.

Asked on July 25, 2011 Maryland

Answers:

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

Answered 9 years ago | Contributor

Yes, indeed it is. I believe what she is is the Executrix of the estate as there was a Last Will and Testament that actually named her, correct?  An Administrator is appointed when there is no Last Will and Testament.   If an executors fails to perform their duties of the position or have a conflict of interest with the estate may be removed by filing a petition for removal with the Probate Court. This request must come from someone who what is known as "standing" meaning that they have a vested interest in the estate and the outcome of the probate proceeding.  A beneficiary named or left out would fit that bill.  That person must also present evidence that removal is necessary. The cost of this proceeding is born by the person bringing it.  And be aware that the executor has the right to show why they shouldn't be removed and using the estate funds to do so at least initially.  Get help.  Good luck.

 


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