Legal Question in Wills and Trusts in Iowa
Removal of an Executor
My mother originally named me and my oldest brother as executors of her estate. Before she died, my mother named a third sibling (out of 7 children) as the third executor of her estate. My oldest brother has taken to bullying as a means of pressing his desires as related to settling the estate. Myself and the third executor, and two of the other children are aware that our Mother repeatedly commented she wanted to remove our oldest brother as an executor of the will. Concerned for the ''bullying'' executor's feelings, I told my mother to keep him on as an executor; that I could work with him. My mother either doubted my capability and/or my oldest brother's greed for power (rightly so) and that is why the third executor was later added - to keep the bullying one from complete dominance.
What is required to get an executor removed from that role?
1 Answer from Attorneys
Re: Removal of an Executor
It takes something akin to criminal Neglect or a illegal act, to oust an appointed executor, assuming you 3 have been appointed by the Court. How can one bully two, when it takes a vote to act on any question before the executor as to how to procced, You three should listen to the attorney you hired to advise you, and then meet and vote as to how matters procceed, be thankful there is three and not two, least you can not be tied and end up in court over everything on a tye.
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