Legal Question in Wills and Trusts in Florida

Re: How to Change executor

If the executor does notwant to resign and has omitted or comitted nothing which would give statutory basis for removal, then it would be very difficult to remove him. There are statutory grounds in the Probate Code for removal of personal representatives

Re: How to Change executor

Florida law does not have an executor. It has an estate fiduciary. I assume there was no will naming this person. If the person appointed has breached his authority a petition for his removal can be brought. Proof will be needed.

Re: How to Change executor

An executor (called "Personal Representative" in Florida) can be removed by the probate judge. However, the grounds for removal (e.g., misfeasance, malfeasance, failure to perform as required by Florida statutes, etc.) would have to be proved to the judge's satisfaction. As far as restrictions on his/her actions, either he/she has the powers of a personal representative, or he/she doesn't. Perhaps you may be able to withdraw something you waived in your original waiver, but you probably only waived your right to act as PR. Since there is a probate proceeding already, you would not have to file an independent law suit, but would file a motion to remove the PR (presumably through a local attorney) and set it for an evidentiary hearing (perhaps after having the PR appear before a court reporter in a deposition so that you can require him/her to produce requested documents and to ask questions under oath).

Re: How to Change executor

You can petition to have the present personal representative/executor removed. There is no guarantee the judge will agree.

As for modifying powers, it is not likely. If there was no will, the intestate statutes dictate what a PR can, cannot, and must do. If there was a will and it modified some or all of the default statutes, then the will prevails. Either way, the powers and duties would be the same no matter who the PR is unless the will specified different ones for different PR's. Good luck.