What can we do if we want to remove our sister as executor as she is not carrying out our father’s Will?
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What can we do if we want to remove our sister as executor as she is not carrying out our father’s Will?
He passed away about 7 months ago. His Will states that the house is to
be sold and the money divided between the children by our sister who is the
executor and living in the home. She will not let us in to do repairs. Now, we want to remover her as executor and get her out of the home before we loose it to taxes. Do we need an attorney to do this or can we file the paper work on our own?
Asked on August 15, 2018 under Estate Planning, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You legally are allowed to bring the legal action--typically, a motion filed under the docket number assigned to this estate in probate court--on your own, but a lawyer is recommended: the court rules for doing this are much more complicated than those for a small claims case, and you have to understand the concept and law about "fiduciary duty" (the law pertaining to an executor's obligation to the beneficiaries and to follow the will) to present the case properly. You will also want to do this on an "emergent" (think "urgent" or "emergency") basis to get into court in days or a week or two, not months, and bringing an action on an emergent basis increases the complexity yet more. With a house at stake, it is worth hiring a lawyer.
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