How long of a process it is to have someone removed as executor of a will?

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How long of a process it is to have someone removed as executor of a will?

My dad is a sibling of 5 children. My grandmother just passed away a couple of weeks ago. She had an original will that put the eldest as executor. She had changed some things up including executor and had made a detail list of some items in her home as to who would get them but had never filed it to make the changes official. The current executor has tried to remove some things from the property without the other siblings knowing and placing some of the ‘unofficial’ items in the estate sale that was suppose to go to great grandchildren. How long and how hard would it be to remove her as executor to allow things to be divided accordingly. Side note Not the first time this sibling has tried to get things for herself.

Asked on August 26, 2018 under Estate Planning, Alabama

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  It really depends on the evidence you have that the Executor has breached the Fiduciary Duty to the estate and how backed up the Court's docket is to hear these matters.  It may be in your best interest to consult an attorney and start by sending a well worded and firm letter that requests an accounting of all that has happened to date.  Understand that the Executor may use estate funds to defend against this claim so it can reduce the size of the estate if the litigation becomes protracted.  That is not to say that it should not be undertaken.  You just need to understand the practical aspects of it as well.  Your legal fees would be your responsibility but that is not to say that you could not commence a civil suit against the executor for the breach if you can prove it or collect from the bond if there was one.  Good luck.


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