What steps can we take to remove an appointed attorney executor and appoint a new executor?

UPDATED: Jun 6, 2012

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What steps can we take to remove an appointed attorney executor and appoint a new executor?

My brother died over a year ago he had no will and was divorced with one child my niece she is 13. My ex-sister-in-law appointed a lawyer as the executive to his accounts and wants to name me instead because I am very close to me niece and my brother did name me her legal guardian. What steps can we take to remove the attorney and appoint a new executor?

Asked on June 6, 2012 under Estate Planning, Pennsylvania


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

Answered 10 years ago | Contributor

Pennsylvania's grounds for removal of an executor are codified under Section 3182 of the Pennsylvania Estates and Fiduciary Code.  The grounds a re 1. if the executor mismanages or wastes estate funds; 2. if the executor is about to become insolvent; 3. fails to perform any duties imposed by law; 4. become incompetant; 5. leaves PA without posting a bond or security; 6. been charged with himicide or voluntary manslaughter (but if not convicted he or she can remain); and 7. the "catchall" for any other reasons where the interests of the estate would be jeopardized. Frankly, I would ask him to step down first.  If he says no then seek legal help.  Good luck.

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