Legal Question in Wills and Trusts in Iowa

Removal of Executor

My dad passed away. His will names my mom the executor of his estate and myself as succcesor if Mom declines. Mom filed request to step down and my siblings are contesting my appointment, they believe I owe money to my parents but I do not. I have provided the attorney proof of loan repayments but my siblings believe I may have received additional checks during the last few years and ask to see every check my parents wrote during the last six years. Mom does not believe she should be subject to a detailed audit by her children.

I am torn between: Refusing the appointment, allowing my siblings to have their way and a non-relative will be appointed as the Executor of the Estate or be in compliance with Dad's request and become the executor.

Do my other siblings have the right to protest my appointment?

Under what conditions would someone not be able to serve as an Executor of an Estate as requested in a Will?

Is an estate subject to full financial audit by all family members? If so, for how many years would an audit be conducted?


Asked on 5/04/02, 1:18 am

1 Answer from Attorneys
Bruce Buckrop Bruce Buckrop

Re: Removal of Executor

Lets just play what if, If there was a family member who owed the decedent some money would it be a " good " situation to have that person doing

the affairs of the decedent, this is how a probate judge is going to view the problem, and of course there would need to be a hearing, you have going on your side the fact that your were nominated( only judges appoint) and your mother, the principal heir I assume finds you qualified to act, and could possibly verify you do not owe money, you have a good chance of prevailing in your appointment. They can go Back as long as any debt is collectible under the statute of limitations.

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Answered on 5/04/02, 10:08 am


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