Legal Question in Wills and Trusts in Ohio

wills and probate. can executor be dismissed and for what reasons


Asked on 3/20/10, 7:30 am

1 Answer from Attorneys

Anthony Rifici Rifici Law Office

Yes, an executor or administrator can be removed from their fiduciary position.

There are many reasons which could result in removal, but generally the reasons touch upon some failure to properly handle their duties, such as failing to file proper notices and accountings in a timely fashion, or more serious breaches of fiduciary duties, such as self dealing, dishonesty, concealment of estate assets, or not being impartial toward estate beneficiaries.

Also, a fiduciary could be removed upon the motion of any interested party, if that party can successfully argue that there is too much distrust, animosity, or conflict of interest between that party and the executor, such that it is not possible for the executor to fairly meet their duties.

I would advise you to have your particular facts and circumstances reviewed in detail by an experienced probate lawyer.

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Answered on 3/25/10, 10:37 am


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