How do I ask the court to take over my deceased mother’s estate and dispute the current executor’s and attorney’s lack of duties?

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How do I ask the court to take over my deceased mother’s estate and dispute the current executor’s and attorney’s lack of duties?

Asked on June 7, 2013 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the problems.  If you feel that the executor is not acting properly then you can ask that they be removed.  Generally speaking they have had to breach their fiduciary duty in order to be removed. It can not be because you do not agree with a decision made. The decision itself must constitute a breach.  Also, the court may not take over as you ask.  They will want another person substituted as executor. You need to speak with an attorney.  Good luck.


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