Executor Removal

Removal of Willing Executor before Court Appointment

If the named trustee or executor is unavailable, ineligible, or unwilling to serve prior to court appointment, there are a variety of way for the trustee or executor to resign from the trustee duties.

Stipulated Removal and Replacement of Willing Executor after Court Appointment

Removal of an executor after court appointment can be difficult if the balance of representation or power in of a trust or estate is involved.  Some beneficiaries of blended families may feel safe with the suggested replacement executor.  

In other cases, families are in agreement regarding who should serve as successor.   

In either situation, any attempt at substitution and appointment of a successor executor needs to be consummated with caution.  Executor transitions must be made with an eye to liability and risk management, tax efficiency, regulatory issues.

Consult with an attorney to ensure the executorship is consummated with technical correctness.  An attorney can discuss the benefits of formal vs informal probate with you.

Attempted Removal of Unwilling Executor

Discussion of issues surrounding the removal of an executor, who is unwilling to be removed, would require consultation with an Attorney

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